Court Sentencing Patterns for Environmental Crimes: Is There a “Green” Gap in Punishment?

Objectives

This study examines sentencing patterns for environmental crimes and tests the assumption that “green” offenders receive more lenient treatment from criminal courts than non-environmental offenders.

Methods

We present two sets of analyses. First, we present an empirical portrait of environmental felony offenses convicted in a single state (Florida) over a fifteen-year period and the resulting criminal sanctions. Second, we use a precision matching analysis to assess whether environmental offenders receive more lenient treatment when compared to non-environmental offenders with the same characteristics and offense severity scores.

Results

Findings indicate that an overall small percentage of felony convictions in state courts stem from environmental crimes. We also find that punishments for environmental crimes are more lenient than sanctions assigned to comparable non-environmental offenses when the environmental crime is ecological, but that punishments are sometimes harsher when the environmental crime involves animals.

Conclusions

The findings provide general support for the argument that courts and other formal institutions of social control treat environmental crimes more leniently than non-environmental crimes. This paper also raises important questions about citizen and state actors’ perceptions of crimes against the environment and, more generally, about the ways in which theories of court sentencing behaviors apply to environmental crime sanctioning decisions.

     

Cost-benefit analysis of reducing crime through electronic monitoring of parolees and probationers

Objective

The objective of this study was to estimate the benefits and costs of using electronic monitoring (EM) and home detention to reduce crime committed by parolees and probationers.

Method

Data from a national survey of state prison inmates was adjusted and used to estimate the number of crimes that would have been committed by all parolees and probationers over the course of one year in the absence of EM and home detention. The data were analyzed in combination with existing analyses of the effectiveness and costs of EM and home detention and the economic costs of crime to estimate the benefit-cost ratio of nationwide implementation of EM and home detention with all parolees and probationers.

Results

EM plus home detention could avert an estimated 781,383 crimes every year. The social value of the annual reduction in crime is $481.1 billion. Society would gain $12.70 for every dollar expended on the proposed intervention.

Conclusion

EM plus home detention could be an effective deterrent to crime and could have enormous social benefits, especially if it is applied early and saves what would otherwise be habitual offenders from a life of crime.     

RACE,ETHNICITY, THREAT AND THE LABELING OF CONVICTED FELONS*

Florida law allows judges to withhold adjudication of guilt for persons who have either pled guilty or been found guilty of a felony. This provision may apply only to persons who will be sentenced to probation, and it allows such individuals to retain all civil rights and to truthfully assert they had not been convicted of a felony. This paper examines the effects of race and Hispanic ethnicity on the withholding of adjudication for 91,477 males sentenced to probation in Florida between 1999 and 2002. Hierarchical Generalized Linear Modeling is used to assess the direct effects of defendant attributes as well as the cross‐level interactions between race, ethnicity and community level indicators of threat, such as percentage black and Hispanic and concentrated disadvantage. Our results show that Hispanics and blacks are significantly less likely to have adjudication withheld when other individual and community level factors are controlled. This effect is especially pronounced for blacks and for drug offenders. Cross‐level interactions show that concentrated disadvantage has a substantial effect on the adjudication withheld outcome for both black and Hispanic defendants. The implications of these results for the conceptualization of racial/ethnic threat at the individual, situational and social levels are discussed.     

Sexual crime and place: The impact of the environmental context on sexual assault outcomes

Purpose

Using the rational choice perspective, the current study investigates the impact that the environment and offending behavior have on serial sexual crime event outcomes.

Methods

The effects of time and place factors, as well as offender modus operandi strategies, on sexual crime event outcomes are tested using Generalized Estimating Equations on a sample of 361 crime events committed by 72 serial sex offenders.

Results

Time and place do impact serial stranger sexual offenders’ modus operandi strategies, but the place characteristics of the crime have more of an effect on the offender’s behavior than do the temporal conditions during which the event occurs. Subsequent analyses indicate that temporal and place factors, as well as offender modus operandi strategies, predict whether the offender completes the rape, his reaction to victim resistance, and the level of physical force that he inflicts on the victim, but not whether the victim is forced to commit sexual acts on the offender.

Conclusions

Serial stranger sexual offenders are effective decision-makers who adapt their strategies to the physical environment in which they commit their crimes, but their degree of rationality can vary as some outcomes are more dependent on the context than the offender and his actions.     

Violent criminals locked up: Examining the effect of incarceration on behavioral continuity

Purpose

The purpose of the current study was to determine whether, and the degree to which, inmates committing specific types of violent crimes in the community were prone to commit acts of violence while incarcerated.

Materials and methods

Data were collected from the Texas Department of Criminal Justice on the prison stock population and a restricted admissions cohort serving time during FY 2008.

Results

After controlling for pre-prison and post-conviction characteristics, crime of conviction retained a modest degree of influence on inmates’ propensity to commit dangerous rule violations in prison. Inmates convicted of assault, robbery and other miscellaneous violent crimes were more likely to commit dangerous rule infractions than inmates convicted of property crimes, supporting the behavioral continuity thesis. Inmates convicted of homicide were no more likely, and those convicted of sexual assault less likely, to commit dangerous rule violations in comparison to those convicted of property crimes.

Conclusions

The findings suggest that researchers and prison officials should not view all inmates convicted of one of a broad category of “violent crimes” in the community as being equivalent in their propensity for violence while incarcerated.     

Sex as a moderator and perceived peer pressure as a mediator of the externalizing-delinquency relationship: A test of gendered pathways theory

Purpose

The current study sought to determine whether sex moderated peer mediation of the externalizing-delinquency relationship as part of a larger test of the gendered pathways theory of crime.

Methods

Data gathered from 4,144 (2,079 males and 2,065 females) members of the National Longitudinal Survey of Youth-Child sample were subjected to simple correlational and moderated mediation analysis.

Results

Externalizing behavior and delinquency correlated equally in boys and girls but in testing a full moderated mediation model it was discovered that sex moderated the mediating effect of perceived peer pressure on the externalizing–delinquency relationship. Whereas externalizing behavior predicted delinquency in both boys and girls, perceived peer pressure only mediated the externalizing-delinquency relationship in boys.

Conclusions

These results support the gendered pathways to delinquency model to the extent that the relationship between childhood externalizing behavior and delinquency was mediated by perceived peer pressure in males but not females. The implications of these results for theoretical refinement of the gendered pathways approach and crime prevention and intervention are discussed.     

Crimes by Visitors Versus Crimes by Residents: The Influence of Visitor Inflows

Objectives

To disaggregate the crime impact of visitor inflows. There is increasing evidence that visitors can make a major contribution to levels of crime in a given neighbourhood: crimes by visiting offenders may add to those committed by local offenders, while visitors (and their property) may provide local offenders with additional opportunities for crime.

Methods

Using police-recorded crime data for a large Eastern Canadian city we determined whether individuals charged or chargeable for property and violent crimes were visitors or residents of census tracts (CT) where crimes had been committed. This information was combined with data from a large transportation survey, allowing us to estimate daily population flows into each CT for four purposes (work, shopping, recreation, and education). Negative binomial regression models including spatial lags were used.

Results

An increase in visitor inflow not only increases the number of visitors charged with crimes but also the number of local residents charged. These effects vary significantly by visit purpose: more infractions are committed in tracts where visits are for recreation and, to a lesser extent, for shopping. Findings for work and education are mixed.

Conclusions

One important implication of our results is that, because most studies of aggregate crime counts or rates fail to account for whether crimes have been committed by visitors or residents, previous research may have provided hasty, partial, or even erroneous explanations for crime concentrations.

     

Alcohol and drug consumption among sexual offenders

Purpose

To evaluate the role of alcohol and drug consumption between sexual offenders against boys and girls.

Method

It was an observational, retrospective and cross-sectional study carried out by the Ambulatory for the treatment of sexual disorders of ABC Medical College, Santo André, São Paulo, Brazil (ABSex). The sample comprised 104 convicts, over 18 years old, sentenced only for sexual crimes against children (below 11 years old). Alcohol and drug consumption, sexual abuse history, sexual impulsivity, and risk of recidivism were evaluated.

Results

The sexual offenders against boys showed higher alcohol consumption problems than sexual offenders against girls (χ² = 19.76, 1 d.f., p < 0.01). The severity of alcohol consumption was also significantly higher in the sexual offenders against non-related boys than in the sexual offenders against non-related girls (p = 0.037, ANOVA). After adjustment for other variables, such as monthly income before the penalty and alcohol consumption at the moment of the crime, the alcohol consumption severity in sexual offenders against boys was significantly higher than in sexual offenders against girls (OR = 1.05, CI 1.01–1.08, p < 0.01).

Conclusions

Alcohol use or abuse is associated with the perpetration of sexual aggression. The role of alcohol consumption seems to be greater in sexual offenders against boys than in girls and this can contribute to criminal recidivism.     

Patterns of criminal achievement in sexual offending: Unravelling the “successful” sex offender

Purpose

The current study examines significant variations in criminal achievement across sex offenders. To examine the “successful” sex offender, the study proposes a concept of achievement in sexual offending defined as the ability to maximise the payoffs of a crime opportunity while minimizing the costs.

Methods

The study is based on a sample of convicted adult male sex offenders using retrospective longitudinal data.

Results

The study findings show a wide variation in criminal achievement, a variation that is not correlated with the severity of sentences meted out or the actuarial risk scores obtained by these offenders. Those offenders who specialize in sex crimes were shown to be the most productive and least detected offenders. Two types of successful offenders emerge, the first relying on his conventional background in targeting a victim that can be repeatedly abused for a long period without detection. The second is a younger offender that is successful in the sense of being able to complete aggressions on multiple victims.

Conclusions

Results suggest that the successful sex offender is not “detected” once he enters the criminal justice system, nor is he handled in a way that may deter him from sexually reoffending in the future.     

Cleaning up your act: Forensic awareness as a detection avoidance strategy

Purpose

Although rational choice researchers has investigated how offenders successfully commit certain crimes, there is a lack of research looking at the factors explaining the use - or not - of certain detection avoidance strategies. This study introduces the concept of “forensic awareness” as a detection avoidance strategy, and proposes to examine the effect of disinhibitors, target selection behaviors, and acts that may potentially leave evidence at the crime scene on its use.

Methods

Factors influencing forensic awareness are tested using logistic regression models on a sample of 222 rape events collected from offenders incarcerated in Canada.

Results

Offenders exhibit less forensic awareness when under the influence of drugs and/or alcohol. However, offenders who show some form of target selection are more likely to take forensic precautions. Finally, offenders who break and enter in the victim's residence, and undertake specific sexual acts during the crime are also more likely to exhibit forensic awareness.

Conclusion

Despite the increasing use and knowledge of forensic evidence by law enforcement, offenders are inconsistent in their forensic awareness and they direct most of their efforts toward protecting their identity, neglecting to either destroy or clean up DNA that could be recovered at the crime scene.     

Gender,Identity, and Accounts: How White Collar Offenders Do Gender When Making Sense of Their Crimes

When offenders are asked to explain their crimes, they typically portray themselves as decent people despite their wrongdoings. To be effective at managing the stigma of crime, motivational accounts must be believable to the social audience. Thus, variation in patterns of accounts is likely due to the social position of the actors. Here we examine whether gender constrains the way individuals describe their crimes by analyzing the motivational accounts of male and female white collar offenders. Results show that while men and women both elicit justifications when discussing their crimes, they do differ in the frequency with which they call forth specific accounts and in the rhetorical nature of these accounts. When accounting for their crime, white collar offenders draw on gendered themes to align their actions with cultural expectations of masculinity and femininity. These findings suggest that gender does constrain the accounts that are available to white collar offenders.     

The effectiveness of public defenders in four Florida counties

Purpose

The present study utilizes data from the Bureau of Justice Statistics to examine the effectiveness of public defenders in Florida to assess whether the case outcomes of defendants with public defenders are similar to the case outcomes of defendants with retained attorneys, controlling for legally-relevant variables.

Methods

The present study utilizes both logistic and OLS regression analysis to examine differences between attorneys for seven different case outcomes.

Results

Results indicate that defendants with public defenders are more likely to be detained pretrial, more likely to be convicted, and less likely to have their cases dismissed. The results dispute previous research which found few, if any, differences between public defenders and retained counsel.

Conclusion

Results suggest that, at least in the counties examined, defendants with public defenders suffer from a lack of quality counsel.     

The Incapacitation Effect of First-Time Imprisonment: A Matched Samples Comparison

Objectives

The logic of incapacitation is the prevention of crime via the forced removal of known offenders from the community. The challenge is to provide a plausible estimate of how many crimes an incarcerated individual would have committed, were s/he free in the community rather than confined in prison. The objective of this study is to provide estimates of the incapacitation effect of first-time imprisonment from a sample of convicted offenders.

Methods

The data are official criminal records of all individuals convicted in The Netherlands in 1997. Two different analytical strategies are used to estimate an incapacitation effect. First, the offending rate of the imprisoned individuals prior to their confinement in 1997 provides a “within-person counterfactual”. Second, imprisoned offenders are paired with comparable non-imprisoned offenders using the method of propensity score matching in order to estimate a “between-person counterfactual”. Incapacitation estimates are provided separately for juvenile imprisonment (ages 12–17) as well as adult imprisonment (ages 18–50), and for male and female offenders.

Results

The best estimate is that 1 year of incarceration prevents between 0.17 and 0.21 convictions per year. The use of additional data sources indicates that this corresponds to between roughly 2.0 and 2.5 criminal offenses recorded by the police.

Conclusions

The current results suggest that, insofar as imprisonment is used with the primary goal of reducing crime through incapacitation, a general increase in the use of incarceration as the sanction of choice is not likely to yield major crime control benefits.     

Gender and Age Segregation and Stratification in Criminal Collaborations

Objectives

Assess gender and age segregation and stratification among co-offenders.

Methods

The population comprises co-offenders aged 5–75 in police-reported co-offenses in Canada, 2006–2009. Segregation is indicated by observed and inbreeding homophily, measured with cross-tabulations and log-linear distance models. Stratification is assessed with elaborations by crime type. Intersectionality of gender and age status is estimated with interaction terms in the log-linear models.

Results

Female and younger offenders are over-represented among co-offenders. Co-offending exhibits gender and age status homophily: same-gender dyads are approximately twice as frequent as mixed-gender, and same-age-status dyads are almost 7 times as frequent as mixed-age-status. Gender homophily varies by crime type, being stronger in robbery, aggravated assault, common assault, and minor theft, and weaker in serious drug crime and homicide, and (especially) sex crimes against children. Age homophily is strong in all types of crime. Gender and age homophily have a negative interaction: dyads comprising a female child or youth and an adult male occur 1.4 times as frequently as predicted from the main effects of gender and age status.

Conclusions

Female and younger offenders are not excluded from co-offending per se but, consistent with expectations from Blau’s (Inequality and heterogeneity. Free Press, New York, 1977) and Steffensmeier’s (Soc Forces 6:1010–1032, 1983) theories, they are segregated from co-offending with male and (especially) adult offenders. There was limited evidence of gender stratification, and no evidence of age stratification. The interaction of gender and age status in the segregation and stratification of co-offending attenuates their individual effects, contrary to expectations from feminist intersectionality theory and consistent with Blau’s (1977) theory.

     

THE LABELING OF CONVICTED FELONS AND ITS CONSEQUENCES FOR RECIDIVISM*

Florida law allows judges to withhold adjudication of guilt for individuals who have been found guilty of a felony and are being sentenced to probation. Such individuals lose no civil rights and may lawfully assert they had not been convicted of a felony. Labeling theory would predict that the receipt of a felony label could increase the likelihood of recidivism. Reconviction data for 95,919 men and women who were either adjudicated or had adjudication withheld show that those formally labeled are significantly more likely to recidivate in 2 years than those who are not. Labeling effects are stronger for women, whites, and those who reach the age of 30 years without a prior conviction. Second‐level indicators of county characteristics (e.g., crime rates or concentrated disadvantage) have no significant effect on the adjudication/recidivism relationship.     

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State

Objectives

To test the liberation hypothesis in a judicial context unconstrained by sentencing guidelines.

Methods

We examined cross-sectional sentencing data (n = 17,671) using a hurdle count model, which combines a binary (logistic regression) model to predict zero counts and a zero-truncated negative binomial model to predict positive counts. We also conducted a series of Monte Carlo simulations to demonstrate that the hurdle count model provides unbiased estimates of our sentencing data and outperforms alternative approaches.

Results

For the liberation hypothesis, results of the interaction terms for race x offense severity and race x criminal history varied by decision type. For the in/out decision, criminal history moderated the effects of race: among offenders with less extensive criminal histories blacks were more likely to be incarcerated; among offenders with higher criminal histories this race effect disappeared. The race x offense severity interaction was not significant for the in/out decision. For the sentence length decision, offense severity moderated the effects of race: among offenders convicted of less serious crimes blacks received longer sentences than whites; among offenders convicted of crimes falling in the most serious offense categories the race effect became non-significant for Felony D offenses and transitioned to a relative reduction for blacks for the most serious Felony A, B, and C categories. The race x criminal history interaction was not significant for the length decision.

Conclusions

There is some support for the liberation hypothesis in this test from a non-guidelines jurisdiction. The findings suggest, however, that the decision to incarcerate and the sentence length decision may employ different processes in which the interactions between race and seriousness measures vary.

     

Examining GPS monitoring alerts triggered by sex offenders: The divergence of legislative goals and practical application in community corrections

Purpose

Legislative mandates that require GPS monitoring of offenders add to the existing logistical complexities of community supervision. Challenges in implementing GPS policies and practices are heightened by the lack of sound empirical research. Studies examining the relationships between GPS monitoring of sex offenders in the community and the legislative goals of public safety, deterrence, and cost effectiveness are virtually nonexistent. To begin to address this gap in the literature, this study examines the impact of a statutorily-based GPS monitoring program for adult sex offenders convicted of dangerous crimes against children and placed under community supervision.

Method

Official offender generated alert data for DCAC Sex Offenders in Maricopa County, AZ are examined from the time of legislative mandate for a subsequent two year period.

Results

Analyses highlight the significant number of equipment related alerts triggered by a loss of satellite signal for offenders under GPS monitoring as a key concern as well as a significant increase in officer workload as a result.

Conclusions

A divergence between legislative goals and practical application of mandated GPS monitoring programs exists. GPS technology is far more limited than anticipated and should be viewed as a tool rather than depended upon as a control mechanism.     

Unemployment,business cycles,crime, and the Canadian provinces

Purpose

Test the Cantor and Land (1985) model using multiple measures of the state of the economy.

Methods

A panel data set of the 10 Canadian provinces, 1981 – 2009, is analyzed using a hybrid modeling approach called a decomposition model. Rather than one economy-related model, four are included in the analysis: gross provincial product, gross provincial product per capita, unemployment rate, and low income.

Results

All economy-related variables matter for property and violent crime, but the sign and magnitude of the estimated parameters vary based on context.

Conclusions

The relationship between the economy and crime is complex. Only including one economy-related variable appears to result in omitted variable bias. As such, any evaluation of the relationship between the economy and crime must consider multiple measures of the economy.     

The effectiveness of prison for reducing drug offender recidivism: a regression discontinuity analysis

Objectives

An enduring legacy of the 1980s “war on drugs” is the increased use of imprisonment for drug offenders. Advocates anticipated, in part, that prison is more effective than community sanctions in reducing recidivism. Despite the contribution of drug offender incarceration to prison growth nationally, and debates about whether this approach should be curtailed, only limited rigorous research exists that evaluates the effect of imprisonment on drug offender recidivism. To address this gap, this paper uses sentencing and recidivism data from a cohort of individuals convicted of felony drug offenses in Florida to examine the effect of imprisonment—as compared to community sanctions—on recidivism.

Methods

Regression discontinuity analyses are used. These minimize potential selection bias by exogenously assigning cases to conditions based on a rating variable and a cut-off score.

Results

Results indicate that prison has no effect on drug offenders’ rates of reconviction. This finding holds across a range of offender subgroups (racial and ethnic, gender, age, and prior criminal justice system involvement).

Conclusions

Imprisoning individuals convicted of marginally serious drug offenses—that is, those close to a cut-off score for being sent to prison—did not reduce subsequent offending. This finding suggests that curtailing the use of imprisonment for such individuals will not appreciably affect future criminal activity and may have the benefit of reducing correctional system costs.

     

Incarceration, education and transition from delinquency

Purpose

Much of what is known regarding the transition away from crime is limited to young adulthood and specific life events and samples of non-serious offenders comprised mainly of white males.

Methods

The current study assesses the potential links between educational achievement, post-release schooling, and re-arrest for a cohort of 4,147 incarcerated youths drawn from 115 Florida juvenile institutions and followed for two years post-release.

Results

Incarcerated youths with higher levels of educational achievement are more likely to return to school after release, and those youths who returned to and attended school regularly were less likely to be rearrested within 12 and 24 months. Moreover, among youths who were rearrested, those youth who attended school regularly following release were arrested for significantly less serious offenses compared to youths who did not attend school or attended less regularly.

Conclusions

The study concludes with discussion of the importance of educational achievement as an important turning point for juvenile offenders as they transition into young adulthood.