Testing a rational choice model of “desistance:” Decomposing changing expectations and changing utilities

We argue that a rational choice framework can be used to explain declines in offending from adolescence to young adulthood in two ways. First, subjective expectations of offending can be age graded such that perceptions of rewards decrease and perceptions of risks and costs increase. Second, the marginal (dis)utility of crime may be age graded (e.g., preferences for risks, costs, and rewards). We examine changes in offending from adolescence to young adulthood among a subset of individuals from the Pathways to Desistance Study (N = 585) and employ a nonlinear decomposition model to partition differences in offending attributable to changing subjective expectations (X) and changing marginal utilities (β). The results indicate that both have direct and independent effects on changes in offending over time. The results of a detailed decomposition on the subjective expectations also indicate that differences exist across the type of incentives. That is, the effect of changing expectations is attributed mainly to changes in perceived rewards (both social and intrinsic). Changing expectations of social costs and risk of arrest from offending have weak effects on changes in criminal behavior, which suggests that they must be accompanied by increases in the weight placed on these expectations to promote appreciable declines in offending.     

“THE PLACE OF JUSTICE IS AN HALLOWED PLACE”1

This article discusses the concept of justice and differentiates between restorative and retributive justice. The Judeo-Christian roots of justice are explored in the context of a need to reform the adversarial nature of the process of family law.     

PUNISHING THE “MODEL MINORITY”: ASIAN‐AMERICAN CRIMINAL SENTENCING OUTCOMES IN FEDERAL DISTRICT COURTS*

Research on racial and ethnic disparities in criminal punishment is expansive but remains focused almost exclusively on the treatment of black and Hispanic offenders. The current study extends contemporary research on the racial patterning of punishments by incorporating Asian‐American offenders. Using data from the United States Sentencing Commission (USSC) for FY1997–FY2000, we examine sentencing disparities in federal district courts for several outcomes. The results of this study indicate that Asian Americans are punished more similarly to white offenders compared with black and Hispanic offenders. These findings raise questions for traditional racial conflict perspectives and lend support to more recent theoretical perspectives grounded in attribution processes of the courtroom workgroup. The article concludes with a discussion of future directions for research on understudied racial and ethnic minority groups.     

THE “END” OF MARRIAGE*

This article addresses four different meanings of the “end” of marriage. It rejects the broad interpretive assertion that Lawrence v. Texas and Goodridge v. Department of Public Health signal the destruction of the institution of marriage, though both are criticized for politicization and feeble legal analysis. Those decisions have provoked a backlash that may contribute to a rediscovery of and re‐valuation of the importance of the institution of (conjugal) marriage, as passage of state marriage amendments suggests. If Goodridge and Lawrence show that genderless unions are the ultimate form of marriage, they would lead to the end of democratic society as well as of the institution of marriage. The fragmentation of marriage by reduction to functional relationships is myopic. While current developments may make it harder for the institution of marriage to thrive, the institution of marriage is “here to stay.”     

“I GOT YOUR BACK”: AN EXAMINATION OF THE PROTECTIVE FUNCTION OF GANG MEMBERSHIP IN ADOLESCENCE*

The threat of victimization has been regarded as a central feature in both the development and the continuation of youth gangs. Although many studies find the need for protection to be a common reason youth join gangs, recent literature suggests that gang members are at an increased risk of victimization. Given this seeming contradiction between expectations and reality, the current article examines the “objective” and “subjective” dimensions of gang member victimization using panel data collected from youth between the ages of 10 and 16 years. Findings reveal that gang members report higher levels of actual victimization and perceptions of victimization risk than non‐gang‐involved youth. Gang membership is associated with reduced levels of fear, however. Overall, although gangs may not be functional in terms of actual victimization, they seem to decrease anxiety associated with the threat of future victimization.     

WHEN “WHAT WORKS” NEVER DID: DODGING THE “SCARLET M” IN CORRECTIONAL REHABILITATION

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THE (DE)CONSTRUCTION OF CONFLICT IN DIVORCE LITIGATION: A DISCURSIVE CRITIQUE OF “PARENTAL ALIENATION SYNDROME” AND “THE ALIENATED CHILD”

In high‐conflict divorce litigation involving custody and access, mental‐health professionals are often used to assess the case and make recommendations. Using Foucauldian theories of discourse, this article suggests that these assessments, which are intended to resolve the conflict or offer profitable information, often participate in the conflict by constructing assessments and diagnoses that fit with legal discourse, and thus with the outcomes of adversarial‐styled rulings and ideologically driven interests. This article suggests that so long as such professionals are driven by the privileged discourse of law and psychology/psychiatry, the best interests of those at the center of the conflict can have their experience co‐opted by the iatrogenic features of these discourses.     

RETHINKING THE “NORM” OF OFFENDER GENERALITY: INVESTIGATING SPECIALIZATION IN THE SHORT‐TERM

The life‐course approach to criminal career research has devoted a good deal of attention to the generality or specialization of offending behavior. Typically, extant research demonstrates versatility on the part of offenders, yet such findings could be attributable, at least in part, to time and measurement aggregation bias. This work uses a temporally disaggregated and individualized measure of diversity in offending to determine whether the previous findings of generality hold up to shifts in methodology. Using data from a sample of serious felons, results indicated that the magnitude of specialization is greater than in prior studies. Regression results indicated that certain demographic and local life‐circumstance variables are related to the extent of diversity. Theoretical and methodological implications are identified and discussed.