Why longer prison terms fail to serve a specific deterrent effect: an empirical assessment on the remembered severity of imprisonment

For a prison sentence to exert a specific deterrent effect, the ultimate question is that imprisonment is remembered as aversive once the offender is released, and is contemplating future criminal activities. Drawing on insights from social psychology and cognition, this study assessed (1) how inmates remember the severity of their imprisonment following release, and (2) how the severity as experienced while being incarcerated (e.g. the worst or the last moment) affects its recollected aversiveness among a sample of Dutch inmates who were released for approximately six months (n?=?696). The findings indicated that the severity as experienced while being incarcerated is strongly related to the severity as recollected following release, net of the duration of confinement. Strikingly, to the extent that the length of imprisonment affected its recollected aversiveness, it did so in the opposite direction than traditional deterrence research presumes. Implications for correctional policy and future research are discussed.     

Paying Money for Freedom: Effects of Monetary Compensation on Sentencing for Criminal Traffic Offenses in China

The current study seeks to understand the role that monetary compensation plays on the joint occurrence of imprisonment and probation for criminal traffic offenses in China. We argue that monetary compensation influences sentencing decisions primarily by manipulating the probation terms in favor of the defendant. With monetary compensation directly increasing the chances of a more lenient punishment through extended probation as opposed to more severe penalties, we have found sentence lengths for criminal traffic offenses to be concentrated at 36 months, the maximum length eligible for probation. All available sentencing documents for criminal traffic offenses from 2014 to 2016 were retrieved from the China Judgments Online website. The final dataset contains 141,689 observations. Following a joint model approach using both sentence length and probation as outcomes, we utilized a Zero-Truncated-Generalized-Inflated-Poisson model to address the distributional characteristics of sentence length, such as discrete integers, non-zero values, and the concentration of data on certain points. To avoid detecting effects of little scientific importance due to our large sample size, all results were evaluated using bootstrapping techniques. We found that the likelihood of probation increases when monetary compensation is provided, but that compensation does not make a significant difference on the sentence length for those defendants receiving less than 36 months imprisonment. When considering the concentration of sentence lengths at specific values, monetary compensation was positively associated only with the chance of inflation at the value of 36 months, and the probation itself became insignificant in predicting sentence length. The significant positive relationship between monetary compensation and lenient sentencing outcomes suggests that compensation plays a crucial role in the Chinese judicial process. Our study will not only help researchers to better understand the legal process in China, but it will also benefit the larger community as an example of utilizing new sources of data.     

Economic cycles and punishment: Unemployment and imprisonment

Research on the relations between the labor market and forms of punishment, inaugurated by Rusche, has developed along two lines, broadly speaking: first, the historical evolution of the links between the structure of the labor market and the structure of punishment and secondly, the conjunctural variations in admissions to prison and in prison populations with fluctuations in the employment situation. The present study is of the latter type. It stems from observations on two aspects of the French situation:

The concomitant long-term evolution (1875–1985) of curves for unemployment and for prison populations, given the downward trend in imprisonment rates until recent years.

The constant over-representation, among prisoners, of groups whose position on the labor market is insecure.

The link between unemployment and imprisonment was tested by multiple regression using data on economic, demographic, penal and correctional aspects (French figures, 1920–1985). The results show the participation of demographic factors in the variations in prison populations. They point to a significant correlation between variations in unemployment (in volume and rate) and the evolution of prison populations, all else being equal in terms of recorded crime. Analysis of the functioning of the criminal justice system, showing the existence of an internal subsystem characterized by its procedures — pretrial detention —, the offenses — street crime —, the sentences — imprisonment — and the social characteristics of those convicted, suggests an approach to the interpretation of these findings.     

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.     

Reexamining the cruel and unusual punishment of prison life

It has been widely assumed that prison is destructive to the psychological and emotional well-being of those it detains. However, this assumption has rarely been critically examined. The present report evaluated the evidence pertaining to the effects of imprisonment. Studies on the effects of prison crowding, long-term imprisonment and short-term detention, solitary confinement, death row, and the health risks associated with imprisonment provide inconclusive evidence regarding the “pains of imprisonment.” Rather, the evidence points to the importance of individual differences in adapting to incarceration. As the use of incarceration is unlikely to decrease in the near future, research on its effects is urgently needed and a situation-by-person approach may be the most fruitful research strategy.     

Cumulative impact: Why prison sentences have increased*

Why has the probability of going to prison after a felony conviction increased since the early 1980s? Social scientists often try to answer this question through macro‐level research that is aimed at examining correlations between prison admissions and crime rates or sociopolitical characteristics of states. That type of macro‐level inquiry, however, does not allow for a close examination of how characteristics of offenders changed over time, and whether such changes are consequential for understanding trends in the use of imprisonment. In the current study, I take a different approach—one in which case‐level data are observed over a lengthy time span—to investigate why the likelihood of going to prison for a given crime persistently increased for several decades. The results of analyses of more than 350,000 felony cases sentenced in Minnesota during a 33‐year period show that the probability of a defendant receiving a prison sentence increased from 1981 to 2013, as would be expected. The primary reason for the rising probability of imprisonment was the significant increase in the average offender's criminal record, which more than doubled during the observation period.     

DOES IMPRISONMENT ALTER THE LIFE COURSE? EVIDENCE ON CRIME AND EMPLOYMENT FROM A NATURAL EXPERIMENT

Ex‐prisoners consistently manifest high rates of criminal recidivism and unemployment. Existing explanations for these poor outcomes emphasize the stigmatizing effects of imprisonment on prisoners seeking postrelease employment as well as the deleterious effects of imprisonment on prisoners’ attitudes and capabilities. However, these explanations must be distinguished from selection effects in the criminal sentencing process, which also could explain some or all of these poor outcomes. To distinguish between criminogenic and selection explanations for ex‐prisoners’ postrelease experience, I analyze data from a natural experiment in which criminal cases were assigned randomly to judges with sizable sentencing disparities. Using these exogenous sentencing disparities, I produce unbiased estimates of the causal effects of imprisonment on the life course. The results of this analysis suggest that selection effects could be sufficiently large to account for prisoners’ poor postrelease outcomes because judges with large sentencing disparities in their use of imprisonment had similarly high caseload unemployment and criminal recidivism rates.     

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.     

HISTORICAL CONTINGENCIES AND THE EVOLVING IMPORTANCE OF RACE,VIOLENT CRIME,AND REGION IN EXPLAINING MASS INCARCERATION IN THE UNITED STATES

This article combines insights from historical research and quantitative analyses that have attempted to explain changes in incarceration rates in the United States. We use state‐level decennial data from 1970 to 2010 (N = 250) to test whether recent theoretical models derived from historical research that emphasize the importance of specific historical periods in shaping the relative importance of certain social and political factors explain imprisonment. Also drawing on historical work, we examine how these key determinants differed in Sunbelt states, that is, the states stretching across the nation's South from the Atlantic coast to the Pacific, from the rest of the nation. Our findings suggest that the relative contributions of violent crime, minority composition, political ideology, and partisanship to imprisonment vary over time. We also extend our analysis beyond mass incarceration's rise to analyze how factors associated with prison expansion can explain its stabilization and contraction in the early twenty‐first century. Our findings suggest that most of the factors that best explained state incarceration rates in the prison boom era lost power once imprisonment stabilized and declined. We find considerable support for the importance of historical contingencies in shaping state‐level imprisonment trends, and our findings highlight the enduring importance of race in explaining incarceration.     

The phenomenology and course of depressive syndromes in pre-trial detention

This study focuses on the prevalence, the phenomenology and the course of depressive syndromes in pre-trial confinement. In the course of the first examination, socio-biographic data and information pertaining to subjects' psychiatric and forensic record and their current situation in imprisonment were collected from a random sample of 105 male prisoners in a Berlin pre-trial detention center, with the help of a semi-structured interview. The Beck Depression Inventory (BDI-II) and the Hamilton Depression Rating Scale (HAMD), each a self-rating questionnaire, taken together with a clinician rating were successively performed to assess the level of depression. A further examination was conducted approximately three weeks later. The subjects in the follow-up group (n=67) were questioned in a semi-structured follow-up interview regarding their confinement conditions and were requested again to fill in the BDI-II and HAMD questionnaires. The statistical analysis compares the results from administration of the two instruments at two points in time. Individual's symptoms of depression as well as potentially aggravating or protective factors relating to the development of depressive symptoms are taken note of separately. The results of the study reveal the prevalence of mild depressive syndromes in a pre-trial prison population and a tendency to improve within the period of pre-trial confinement.     

Prison structure, inmate mortality and suicide risk in Europe

Suicide presents a major complication during imprisonment and greatly contributes to the high mortality rate of prisoners. All international studies have found increased suicide rates among prisoners compared to the general population. This study examines risk factors for suicide and mortality in prisoners using supranational data from the Council of Europe Annual Penal Statistics (Statistiques Penales Annuelles du Conseil du L'Europe or SPACE) from 1997 to 2008. Macrostructural risk factors for prison suicide are analyzed from this supranational data set and the identified indicators are further evaluated on the single country level. Sexual offenders, offenders charged with violent crimes and prisoners sentenced for short- and long-term imprisonment are considered to be at an elevated risk for suicide. In addition, prison mortality is associated with overcrowding.     

Comparing deep-end confinement in England & Wales and Norway

Extreme forms of custody represent the boundary points of state power. The configuration of the most restrictive corners of prison systems, and what goes on within them, is highly instructive in exposing the objectives, limits, and implications of state coercion at its most severe. Based on data collected in England & Wales and Norway, this article has two main aims. The first is to explore the degree to which “deep-end” confinement differs between jurisdictions with different penal philosophies. The second is to understand how the most extreme form of confinement in each jurisdiction differs from the more typical carceral experiences within each system and its overall penal ethos. Empirically, then, the article seeks to shine light into the deepest dominions of both prison systems, illuminating the experiential texture of extreme forms of imprisonment. It concludes by asking what can be inferred about Nordic exceptionalism, and about deep-end confinement more generally, by analyzing these domains.     

ESTIMATING A DOSE‐RESPONSE RELATIONSHIP BETWEEN LENGTH OF STAY AND FUTURE RECIDIVISM IN SERIOUS JUVENILE OFFENDERS*

The effect of sanctions on subsequent criminal activity is of central theoretical importance in criminology. A key question for juvenile justice policy is the degree to which serious juvenile offenders respond to sanctions and/or treatment administered by the juvenile court. The policy question germane to this debate is finding the level of confinement within the juvenile justice system that maximizes the public safety and therapeutic benefits of institutional confinement. Unfortunately, research on this issue has been limited with regard to serious juvenile offenders. We use longitudinal data from a large sample of serious juvenile offenders from two large cities to 1) estimate a causal treatment effect of institutional placement, as opposed to probation, on future rate of rearrest and 2) investigate the existence of a marginal effect (i.e., benefit) for longer length of stay once the institutional placement decision had been made. We accomplish the latter by determining a dose‐response relationship between the length of stay and future rates of rearrest and self‐reported offending. The results suggest that an overall null effect of placement exists on future rates of rearrest or self‐reported offending for serious juvenile offenders. We also find that, for the group placed out of the community, it is apparent that little or no marginal benefit exists for longer lengths of stay. Theoretical, empirical, and policy issues are outlined.     

PARTISAN POLITICS,ELECTORAL COMPETITION AND IMPRISONMENT: AN ANALYSIS OF STATES OVER TIME*

The now well‐documented explosion in prison populations over the last 30 years has spurred significant attention in the literature. Early research focused primarily on economic explanations. More recently it has focused on political explanations of prison growth. Here we extend research on political explanations of imprisonment by drawing on the literature on state politics and public policy. We argue that the effect of partisan politics on punishment is conditional on how much electoral competition legislators face. We test this hypothesis using annual state level data on imprisonment from 1978 to 1996. Our findings show that the effect of Republican state legislative strength on prison admissions depends on time and the level of competition in state legislative elections. We argue that these findings suggest the need for a more nuanced understanding of the link between partisan U.S. politics and imprisonment.     

Punishment within Prison: An Examination of the Influences of Prison Officials’ Decisions to Remove Sentencing Credits

Despite considerable research directed toward understanding the factors that affect punishment decision‐making leading to imprisonment, few studies have examined the influences of punishment decisions within prisons. Punishment decisions made within prisons can affect an individual's liberty during their imprisonment and/or the timing of their release from prison if the punishment results in the loss of sentencing credits or influences parole decision‐making. Moreover, if punishment disparities result from these decisions, then some offender groups may endure a greater loss of liberty relative to others. In this study, we examine the factors that influence prison officials’ decisions to remove sentencing credits in response to prison rule violations. Analysis of collected data from a Midwestern state prison system reveal that prison officials are primarily influenced by the seriousness and type of the rule violation, along with an inmate's violation history. Other relevant factors include those proximately connected to an inmate's risk of subsequent misbehavior such as gang membership and those that are linked to practical consequences and constraints associated with the organizational environment and particular inmates such as the proportion of their sentence an inmate has served and whether an inmate has mental health problems.     

Institutional responses to unemployment: A comparison of U.S. trends, 1948–1985

Previous studies that consistently find a direct effect of unemployment on imprisonment fail to consider other state policies that may be related both to unemployment and imprisonment. This ommission potentially biases in unknown ways the estimated effect of unemployment. This study uses postwar U.S. time series data to examine how the effects of unemployment on imprisonment are influenced by mental institutionalization, military enlistments and welfare rolls. No evidence of trade-offs in social control policies can be detected in these data, thus supporting the previous findings that unemployment directly affects prison admissions.An earlier version of this paper was presented at the 39th Annual Meeting of the American Criminological Society, Montreal, November 12, 1987.     

Bringing Women’s Carceral Experiences into the “New Punitiveness” Fray

The last decade produced a revival in comparative penal research, most of which focuses on explaining aggregate-level changes in imprisonment rates. In this paper, we highlight the absence of women in this research and we shift the focus from aggregate imprisonment rates to women’s prison experiences, arguing that these experiences are the best indicators of the post-modern penal era. Using both survey and interview data, we examine women’s perceptions of control over their carceral lives in California, England, and the Netherlands. We find similar prison experiences explain perceptions of control across all three regimes, but regime differences ultimately produce very different outcomes for these women.     

Social problem solving,anxiety, and depression in adult male prisoners

Objectives. Social problem‐solving ability has been identified as a significant mediator between stressful life‐events and psychological distress in community samples. This study examined the relationships between social problem solving, anxiety, and depression in adult male prisoners. The hypothesis was that a negative problem orientation (NPO) would be the strongest predictor of anxiety and depression. Methods. Participants (N=68) completed the Social Problem‐Solving Inventory–Revised: Short Version (SPSI‐R:S) and the Hospital Anxiety and Depression Scale (HADS). Results. NPO was found to be the sole predictor of anxiety and depression. Conclusion. NPO includes feelings of nervousness, threat, and fear in response to problems. In a prison setting, this may serve to protect the individual against conflict with and abuse by dominant others. However, high levels of fear and anxiety may be disabling both for coping with imprisonment and for effective participation in rehabilitation programmes. While this raises issues regarding prison cultures and the damage imprisonment may cause to individuals, it also indicates that interventions to assist some prisoners to cope are required.     

THE EFFECT OF IMPRISONMENT ON RECIDIVISM RATES OF FELONY OFFENDERS: A FOCUS ON DRUG OFFENDERS*

The purpose of this study is to evaluate the deterrent effect of imprisonment. Using data on offenders convicted of felonies in 1993 in Jackson County (Kansas City), Missouri, we compare recidivism rates for offenders sentenced to prison with those for offenders placed on probation. We find no evidence that imprisonment reduces the likelihood of recidivism. Instead, we find compelling evidence that offenders who are sentenced to prison have higher rates of recidivism and recidivate more quickly than do offenders placed on probation. We also find persuasive evidence that imprisonment has a more pronounced criminogenic effect on drug offenders than on other types of offenders.