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.     

The Influence of Places on Police Decision Pathways: From Call for Service to Arrest

Research on factors that influence police discretion usually focuses on individual or situational characteristics (e.g., an officer or citizen's age, race or gender, or the seriousness of the incident). In contrast, this study examines whether characteristics of places influence police decisions to “upgrade” or “downgrade” their response to incidents. Earlier research is expanded in three ways: first, rather than examining an isolated decision within the series of decisions that make up an incident, a series of chronological decisions within a “decision‐making pathway” is derived and analyzed. Second, multiple categories of racial and ethnic composition of places and their influence on police decision‐making pathways are examined. Third, decision pathways of a variety of incidents at small geographic places are compared across an entire jurisdiction. Findings indicate that, even when controlling for the level of violence, places with a greater proportion of Black or wealthy residents significantly influence officers' decisions to downgrade crime classifications and actions taken on incidents reported to the police.     

Predictors of Support of Legislation Banning Juvenile Executions in Oklahoma: An Examination by Race and Sex

The Supreme Court has recently decided to re‐examine the constitutionality of executing individuals under the age of 18 at the time of the offense. The Supreme Court’s reliance on public opinion as evidenced through opinion polls and changing laws in the 2002 Atkins decision has suggested that public opinion may play a role in the Court’s decision regarding juvenile executions. There is considerable evidence that the majority of Americans favor a ban on juvenile executions. In the current study, we use Oklahoma data collected in 2003 by the Oklahoma University Public Opinion Learning Laboratory to examine more closely the factors that predict a support of a ban on juvenile executions. Interestingly, only one fourth of Oklahomans oppose such a ban. Earlier research suggested that religious fundamentalism is linked to support of juvenile executions, but we did not find this, suggesting that public opinion may be shifting. We then analyzed the data separately by race and then by sex. Our findings suggest that there may be differences between groups in the predictors of support for a ban on juvenile executions, at least in Oklahoma, indicating the need for further research.     

Race and decision making within juvenile justice: The importance of context

Previous tests of the influence of race on decision making within juvenile justice proceedings have traditionally focused on case-level variables and/or macrolevel factors that characterize the jurisdictions under study. Often excluded are measures of the attitudinal context within which decision making occurs. Using a revised conflict perspective that incorporates the role of racial stereotyping, hypotheses are developed centering on racial differences in case processing decisions within four midwest jurisdictions. Attitudes of juvenile court officials toward the punitiveness of the juvenile court and perceptions regarding differences between the behavior and attitudes of whites and those of African Americans are included in additive and race interactive models of five decision-making stages. Results indicate both lenient and harsh treatment of African Americans compared to whites. Hypotheses regarding racial stereotyping in the decision-making process receive some support and the discussion focuses on how inconsistent racial effects may be a function of variation in structural “coupling” across system decision points.     

An insurer's perspective on reform

Individual health insurance markets differ from state to state, and as a result approaches to individual market reforms need to be different. In evaluating approaches, policy makers need to remember that since the decision to purchase health insurance coverage is voluntary, the potential for adverse selection exists. In addition, rather than putting the focus of individual market reforms almost exclusively on access to health insurance for a small number of persons with high-cost health conditions, more attention needs to be put on how to decrease the number of uninsured persons. This includes making the premiums paid for individual health insurance 100 percent tax deductible, similar to those of employer-based health insurance. Finally, market reforms need to treat all types of coverage issued in the individual market the same, whether they are purchased direct for the insurer or through an out-of-state association.     

The showup identification procedure: An exploration of systematic biases

Purpose. Showups are common, yet little research has investigated the biasing factors that may influence showup identifications. We investigated the effects of cross‐race conditions and clothing bias on showup identification decisions. Additionally, we explored identification decisions made in a subsequent lineup dependent on race, clothing, and showup‐target‐presence. Methods. Participants watched a mock crime and were presented with a showup in which suspect race, target‐presence, and the clothing worn by the suspect were varied. Following a delay, participants viewed a target‐present or ‐absent lineup and were asked to make a second identification decision. Results. Presentation of the suspect in the clothing worn by the perpetrator increased choosing rates in both own‐race and other‐race conditions. Despite this, differential patterns of decision response latencies indicated that eyewitnesses may use clothing information differently when making own‐race compared to other‐race identification decisions. No evidence for an own‐race bias in showup identifications was found; however, other‐race lineup identifications were less accurate than own‐race lineup identifications. Further, participants in own‐race and other‐race conditions differed in the extent to which they were affected by multiple identification procedures. Viewing an own‐race innocent suspect in a showup increased subsequent false lineup identifications, while choosing the innocent suspect from the showup was necessary to increase false lineup identifications in other‐race conditions. Conclusions. Different situational factors may affect the identification accuracy of eyewitnesses in own‐race and other‐race conditions for both showup and lineup procedures. Particular caution is advised when showups are clothing‐biased and multiple identification procedures are used.     

A matter of large body passing through a small hole: the holeproof out the window.

A baffling case of fall-from-height is described focusing on aspects of a human body passing through a small hole, within a holeproof window. It is a classic example of an unsatisfactory outcome when a scene of death is modified adversely due to delay in the commencement of scene management. The operative factors may be entirely outside the control of scene investigators. The primary medical attendant is reminded of the forensic obligations at a scene of unnatural death. Reporting this case might encourage forensic practitioners having experience of a similar case to respond through this journal.     

Mental Health Review Tribunals

This paper is concerned with the operation of the Mental Health Review Tribunal system and summarizes the findings of an empirical investigation of tribunal decision making. The tribunals constitute an independent body which reviews the necessity for the continued compulsory detention of patients in psychiatric hospitals. The research focuses on the interpretation and application of mental health legislation by individual tribunal members and the manner in which these individual approaches are qualified in the group context. The study comprises three stages: a self-report questionnaire, a national statistical analysis of decisions, and a simulation study of decision making using a videotape of a hypothetical case. The research establishes considerable inconsistency in tribunal decision making at both an individual and group level and attributes some of this inconsistency to individually based factors isolated by the research. The findings further indicate that these factors remain influential within the group decision-making context.     

Individual and situational determinants of police force: An examination of threat presentation

This study is based on previous research denoting the primary factors that influence officer decisions regarding the use of differing levels of force in police-citizen encounters. Using a totality of the circumstance approach, primary emphasis is directed toward explaining those factors that contribute to officers’ estimation of the perceived level of threat inherent in police-citizen encounters. Officers’ perceived level of threat presented by a suspect or the situational context of an encounter is important because in 1989, the Supreme Court in theGraham v. Conner decision mandated that the appropriate amount of force that can be utilized depends on the following four primary factors: the threat, offense severity, actual resistance offered, and whether the suspect is trying to escape custody. These criteria were tested and placed into a predictive model along with other indicators the literature has found to be correlated with situations in which police force is used more often. The findings suggest that while the threat presented to officers is important and related to the level of force that is deemed appropriate by the police profession, many additional elements must be taken into consideration when interpreting if an officer used force correctly.     

Genius is 1% inspiration and 99% perspiration … or is it? An investigation of the impact of motivation and feedback on deception detection

Purpose . Although most people perform around the level of chance in making credibility judgments, some researchers have hypothesized that high motivation and the provision of accurate feedback could lead to a higher accuracy rate. This study examined the influence of these factors on judgment accuracy and whether any improvement following feedback was related to social facilitation, a gradual incorporation of successful assessment strategies, or a re‐evaluation of ‘tunnel vision’ decision‐making. Methods . Participants (N = 151) were randomly assigned to conditions according to motivation level (high/low) and feedback (accurate, inaccurate or none). They then judged the credibility of 12 videotaped speakers either lying or telling the truth about a personal experience. Results . Highly motivated observers performed less accurately (M = 46.0%), but more confidently, than those in the low‐motivation condition (M = 60.0%). Although there was no main effect of feedback, the provision of any feedback (accurate or inaccurate) served to diminish the motivational impairment effect. Further, high motivation was associated with a relatively low ‘hit’ rate and high ‘false‐alarm’ rate. This suggested that in the absence of feedback the judgments of highly motivated participants were made through tunnel vision. Conclusions . The results suggest that it is important for lie‐catchers to monitor their motivation level to ensure that over‐enthusiasm is not clouding their judgments. It may be useful for professionals engaged in deception detection to regularly discuss their judgments with colleagues as a form of feedback in order to re‐evaluate their own decision‐making strategies.     

The effect of procedural and interactional criteria on procedural fairness judgments

In studying procedural fairness judgments, distinctions are made between (i) the mere presence of rules and procedures in the process of outcome allocation and dispute resolution, (ii) the application of these rules by a decision maker, and (iii) the enactment of procedures and rules in the interaction between a decision maker and involved parties. In line with Bies and Moag (1986), criteria that must satisfy the application of rules to be judged as fair are called procedural fairness criteria as distinguished from interactional fairness criteria. The hypothesis that interactional fairness criteria are more important in affecting fairness judgments than procedural fairness criteria is tested. Fifty-four subjects received information about a fictitious job application situation. The subjects judged the decision maker's handling to the application procedure and his/her treatment of the applicant as fair or unfair. Three procedural and three interactional criteria and the final decision (hired or not) were used in the study. Results show that the decision maker's consistent application of rules and his/her truthfulness to the applicant were judged as the most important factors in determining the fairness of the procedure. Accurate processing of information about the applicant and respectful treatment were judged as least important factors. Contrary to expectation, procedural criteria were judged on the average as equally important for determining fairness as interactional criteria. It is argued that the smaller than expected impact of the interactional criteria may be due to the fact that in the present study the entire application situation was evaluated and not the specific face-to-face aspects of the interaction. Results are in agreement with those of Tyler and Schuller (1990).     

Is a Plea Really a Bargain? An Empirical Study of Six Cities in China

There is a belief in the criminal justice system that it is better to take a plea offer to avoid uncertain consequences than risk going to trial. Prior studies using the data in Anglo-American courts have suggested that many legal and extralegal factors influence the decision of a guilty plea versus trial. China developed its own plea-bargaining system in 2016. Using 6826 DUI cases adjudicated in six cities, this study examines what factors affect the decision of a guilty plea and whether the guilty plea brings true benefits in Chinese courts. The results show that more serious crimes and more dangerous defendants were less likely to be disposed of through guilty pleas (as opposed to going to trial). One possible explanation is that prosecutors may make more punitive offers in these cases, which in turn discourages defendants from accepting them. In addition, using a propensity score weighting technique to control for potential confounding variables, this study finds that defendants who pleaded guilty were more likely to receive favorable case outcomes regarding pretrial detention and probation decision, which supports the argument that a guilty plea could help a defendant to avoid the “trial penalty” in Chinese criminal justice system.

     

Procedural justice and parents' satisfaction in a field study of child custody dispute resolution

The relative importance of procedural and distributive factors for satisfaction was tested in a field study of 71 couples who were randomly assigned to mediate or litigate their child custody dispute. Multiple regression analyses showed that procedural factors (decision control and respect) and distributive factors (feeling of winning what one wanted) were equally influential for parents' satisfaction as a group. However, the relative importance of procedural fairness and outcome favorability differed depending on disputant gender, favorability of outcomes, and level of conflict in the relationship. Support was found for Tyler's (1989) assertion that the specific procedural factor of decision control is especially important in dispute resolution settings. However, contrary to expectation, decision control was relatively more important to satisfaction in mediation than in litigation. It is suggested that the type of allocation setting may not be as influential for satisfaction as participants' status in the proceedings and their perceptions of the level of conflict.     

Damned if They Flee,Doomed if They Don’t: Narratives of Runaway Adolescent Females from Rural India

Within the cultural context of rural India that emphasizes familial roles for women, this qualitative study explored the experiences of adolescent females who run away from their family homes. Ten adolescent females from rural areas or small towns of Gujarat, India were individually interviewed while they temporarily resided in an institution, along with six members of the institution staff. Throughout childhood, participants described experiencing differential attention and care to domestic violence and abuse within their families. In the context of this life-long mistreatment, the immediate trigger for the decision to flee was family disapproval of the romantic partners that adolescent females had chosen for themselves. Each of the females eloped with the male romantic partner, which led to severe opposition from their families, including explicit threats of endangering their or their partners’ lives, in turn, destroying the promise of a better life that the girls likely sought through escape. Prevention and intervention approaches are needed that promote community change and provide adaptive options for adolescent girls in distress.     

Sentencing Recommendations by Probation Officers and Judges: An Examination of Adult Offenders Across Gender

Connecting the courtroom workgroup model with attributions and stereotyping based on the focal concerns perspective and gender sentencing literature, the present study investigates the extent to which probation officer recommendations influence judicial sentencing, and whether the gender of the offender further conditions this relationship. Results from logistic and ordinary least squares regression indicate that there is concordance between probation officer recommendations and sentencing by judges. Offender gender has both direct and indirect effects on judicial sentencing through its relationship with probation officer recommendations, and Black males tend to receive lengthier sentences than other race/gender counterparts. These findings provide evidence that probation officer recommendations are an important part of the sentencing process and offer additional insight on how extralegal factors such as gender and race impact criminal justice decision making.     

试析公务员拒绝执行权

我国公务员法规定,公务员执行明显违法的决定或者命令的,不得免责。其实质是赋予公务员在执行公务时,可以有限度地行使拒绝执行权。但在实践中会产生许多问题,需要对这一权利的内涵、存在的法理根据、行使的要件及其保障等问题进行初步探讨。     

Fabrications of justice

This paper focuses on false beliefs that create or maintain injustice, particularly those false beliefs held by the unjustly disadvantaged. Those who benefit from injustice may intentionally lead those disadvantaged by unjust distributions, procedures, or interpersonal treatment to believe that no injustice exists, that the injustice is minimal, or that the injustice that exists cannot be reduced. Research on procedural and interactional justice suggests that perceived injustice is reduced where those affected by a decision have an opportunity to offer an opinion (voice) prior to the decision, and where the decision maker offers a justifying account for the decision. False beliefs in control and dignity may be intentionally created by decision makers to perpetuate their unjust advantage. Suggestions are offered to identify the processes through which fabrications of justice have their effects and the situations in which they are most likely to occur.Earlier versions of this paper were presented at the meeting of the International Society of Political Psychology, Secaucus, New Jersey, July 1–5, 1988 and at the International Conference on Social Justice and Societal Problems, Leiden, The Netherlands, August 1–3, 1988. Thanks for their coments on earlier drafts to participants at both events, and to three anonymous reviewers forSocial Justice Research.     

Crime prevention participation:An exploratory analysis

Most past research on crime and crime prevention has focused on their occurrence in urban settings. Relatively little attention has been given to crime and citizen crime prevention in small town/rural areas. The present study uses secondary data from the National Crime Survey: Victim Risk Supplement, 1983 to investigate citizen participation in five crime prevention domains within large urban areas and small town/rural areas. The results suggest that, while there are some similarities in citizen participation, various factors have different degrees of impact in different locations. Further, differences in crime prevention participation are more a function of the type of crime prevention than of the size of the local population.     

An empirical analysis of pre-trial release decisions

The decision whether or not to allow indigent defendants pre-trial freedom from confinement is one which has aroused considerable interest and controversy in the field of criminal justice in recent years. Several innovative programs have attempted to provide decision-makers with relevant information, however, to date, there have been remarkably few empirical examinations of the pre-trial release decision. This study presents findings of an experimental release program and the relationships between the information available to decision-makers and the criteria of appearance at trial and arrest while on pre-trial release. A validation study of the Vera Institute scale was also performed.     

Layers of decision: Linking social definitions of corruption and willingness to take action

The literature available about social definitions of corruption is surprisingly discrete from that which addresses the issue of whistleblowing or the reporting of crime and corruption. The current study, however, empirically links the two. A survey of more than 1300 public sector employees was undertaken to explore: i) how and why public sector employees define some behaviours as corrupt; ii) factors which may hinder public sector employees taking action about corruption which they may observe at work; and iii) the link between i) and ii). The study found that within the New South Wales (NSW) public sector, views about what constitutes corruption are diverse and that this has a significant, though not exclusive, impact upon the action respondents said they would take in response to workplace corruption. The study discusses other factors which also impact upon the stated decision not to take action about corruption and suggests some possible courses of action for addressing these factors.The research upon which this paper is based formed part of the research program of the Independent Commission Against Corruption.