Race and Officer Decision Making: Examining Differences in Arrest Outcomes between Black and White Officers

Since the 1960s, one of the major reform efforts in law enforcement has been to increase the number of Black Americans within police agencies and on patrol in the streets. The general premise behind these efforts has been that increased diversity will improve police–community relations and will decrease biased police behavior, particularly against Black citizens. Policies seeking to reform policing through increasing the numbers of African American officers have been implemented with little empirical evidence that an officer's race (or ethnicity) is actually related to their behavior towards citizens, in particular arrest decisions. Using data from systematic social observations of police–citizen encounters in Cincinnati, OH, this study examines the influence of officer race on arrest outcomes, focusing on the behavior of Black officers. Findings suggest that officer race has direct influence on arrest outcomes and there are substantive differences between White and Black officers in the decision to arrest. In general, White officers in our study were more likely to arrest suspects than Black officers, but Black suspects were more likely to be arrested when the decision maker was a Black officer.     

侦查学史视野下的我国侦查法制化探讨

侦查作为以国家强制力保证实施的活动,虽然在打击犯罪,维护统治,保护人民的过程中起着重要作用,但其天然带有暴力性和侵权性,由此必然呼唤法制对其进行规制。侦查学科的发展历史与其说是一个学科成熟的过程,倒不如说是促进侦查法制化的进程,侦查学科研究的每一步发展无不伴随着侦查法制化的身影。为此在侦查学史的研究视野下探讨我国侦查法制化的演进。     

Race and Gang Affiliation: An Examination of Multiple Marginality

Criminological research has historically drawn a connection between race/ethnicity and gang membership. The focus on specific racial/ethnic groups and particular gangs in distinct geographical locations within ethnographic research, along with the lack of a comprehensive explanation, however, has limited this research. Thus, the true nature of the relationship between race/ethnicity and gang membership remains unclear. This research expands the contemporary literature regarding race/ethnicity and gang membership by utilizing multisite survey data to examine Vigil’s (1988 Vigil, J. D. 1988. Barrio gangs: Street life and identity in southern California, Austin, TX: University of Texas Press.  [Google Scholar], 2002 Vigil, J. D. 2002. A rainbow of gangs: Street cultures in the mega‐city, Austin, TX: University of Texas Press.  [Google Scholar]) multiple marginality framework of gang involvement for Whites, African Americans, and Hispanics. Results suggest that multiple marginality is a viable explanation for current gang membership. When examining the applicability of this theory for members of various racial/ethnic groups, important differences appear when examining current versus ever gang membership. For current gang membership, significant differences between racial/ethnic groups exist, with ecological/economic stress variables being significant for Whites and social control/street socialization elements representing the important predictors for African Americans and Hispanics. This pattern changes when examining those reporting ever being in a gang. For “ever” gang membership, social control/street socialization elements predict membership for all groups. Policy implications of these results are discussed.     

Reactions to Mandatory Sentences in Relation to the Ethnic Identity and Criminal History of the Offender

This study investigated the responses of 181 participants (87 men, 94 women), from Adelaide, South Australia, to scenarios describing mandatory sentences for perpetrators of a property offense committed in the Northern Territory, Australia. Four scenarios that were randomly distributed varied ethnic identity (White Australian, Aboriginal Australian) and criminal history (first-time offender, third-time offender). Participants completed attitude measures for both mandatory sentencing and capital punishment, a right-wing authoritarianism scale, and a scale concerned with sentencing goals (retribution, deterrence, protection of society, and rehabilitation). Results showed strong effects of attitude toward mandatory sentencing on scenario responses for variables such as perceived responsibility, deservingness, leniency, seriousness, anger and pleasure, and weaker effects of ethnic identity and criminal history. Participants were generally more sympathetic when the offender was an Aboriginal Australian. Results of a multiple regression analysis showed that attitude toward mandatory sentence was predicted by right-wing authoritarianism and by sentencing goals relating to deterrence and the protection of society.     

The Intersection of Crime Seriousness,Discretion, and Race: A Test of the Liberation Hypothesis

Spohn and Cederblom’s interpretation of the liberation hypothesis asserts that with trivial crimes, judges are “liberated” to consider extra-legal attributes such as race when making sentencing decisions. The current study posits that this perspective may be too theoretically simplistic because it fails to distinguish between the concepts of discretion and uncertainty. In light of this argument, we examine the sentencing decisions of felony cases in the Florida circuit courts. Results indicate that blacks and Hispanics are more likely to be imprisoned than whites, and males more so than females. Contrary to expectations, this disparity increases with crime seriousness. Consistent with the imprisonment model, blacks and males receive longer sentences and the effect increases with case seriousness. We found no evidence that the effect of offender extra-legal attributes depends upon the characteristics of the judges handling the cases. Suggestions for future research and implications for the liberation hypothesis are discussed.     

Stigma, Secrecy and Race: An Empirical Examination of Black and White Incarcerated Men

In modified labeling theory (MLT) persons with disreputable labels anticipate stigmatization and adopt coping strategies, among them being secretive. We examine endorsement of secrecy among black and white incarcerated men, focusing on race differences. We find whites are significantly more secretive than blacks about ex-convict status. Race effects are net of other predictors, including devaluation/discrimination beliefs, ex-convict friends, religious affiliation and perceived difficulty finding a job. Split sample analyses show only devaluation/discrimination beliefs predict secrecy among blacks. Thus, white privilege may play a role in stigma management. Since ex-convict status suspends white privilege, secrecy may help white ex-convicts maintain their advantage, especially in the job market. Secrecy is also more successfully enacted among whites, who are not usually assumed to have a criminal record. While black convicts expect their label to prompt rejection, for them racial stigma may supersede ex-convict stigma, making management of the latter status less compelling.     

Race,the Economic Maturity Gap,and Criminal Offending in Young Adulthood

While research has documented that racial and ethnic groups are differentially involved in juvenile and adult crime, little research has examined whether economic and employment well‐being can explain Black and White adolescents' persistence in criminal activity into young adulthood. One potential explanation emerges from Moffitt, who posits an economic maturity gap to explain Blacks' greater persistence in offending in young adulthood. To evaluate this hypothesis, we draw on three waves of data available in the National Longitudinal Survey of Adolescent Health to examine whether economic and employment well‐being in young adulthood can account for the racial gap, and persistence in offending. Findings are consistent with Moffitt's hypothesis and indicate that economic and employment well‐being in young adulthood explain Blacks' greater involvement in criminal and violent offending in young adulthood. In addition, results indicate that the greater tendency of Blacks, compared to Whites, to persist in violent offending is also driven by the reduced economic and employment well‐being that Blacks face in young adulthood.     

Revolving Doors: Examining the Effect of Race and Ethnicity on Discretionary Decision-Making in Parole Revocations

American Journal of Criminal Justice - Approximately 20% of offenders under community supervision in the United States are currently on parole. While parole board members possess a wide range of...     

Sentencing Female Misdemeanants: An Examination of the Direct and Indirect Effects of Race/Ethnicity

Little is known about the predictors of sentencing for the typical female offender—one who commits a misdemeanor or lesser offense. Moreover, although ample discussions of racial/ethnic disparity in sentencing may be found in the extant literature, most researchers have focused on what happens to males who commit felonies. Thus, to help fill a void I examine the likelihood of receiving a jail sentence among a sample of cases for female misdemeanants. All were convicted in New York City's Criminal Court. I account for direct and indirect effects by estimating a causal model that predicts the sentencing outcome. Race/ethnicity did not directly affect sentencing. Indirect effects, however, were found. Black and Hispanic females were more likely to receive jail sentences than their White counterparts due to differences in socio‐economic status, community ties, prior record, earlier case processing, and charge severity.     

Forensic psychiatric experiences,stigma, and self-concept: a mixed-methods study

This study used a mixed-methods approach to investigate stigma experiences and self-concepts of individuals with both mental illness and criminal histories. The full sample of participants completed self-report measures of self-concept related to mental illness, race, and criminal history, and a brief qualitative self-concept measure. A subsample of participants completed semi-structured interviews, which were analyzed for content domains. Analyses suggested that several aspects of self-concept related to responses on stigma measures. Participants who identified their own styles of acting, feeling, and thinking tended to exhibit less mental illness self-stigma. Qualitative interview findings suggested that the majority of participants described stigma experiences related to mental illness, race, and criminal history, and these stigmatized identities negatively influenced one another. Conclusions review how stigmatized identities can intersect in powerful ways for individuals with mental illness and histories of criminal offending, and discuss implications for future research and clinical practice.     

刑事诉讼案件公开的反思与重构

尽管法律文本对刑事诉讼案件公开已有初步的规定,但是因为其尚不完善,导致司法运行中产生了诸多问题。其严重后果是影响了法官的独立决断和对嫌疑人的权利保护。要改变当前法官在审判中的尴尬境地,应当构建比较健全的刑事案件公开机制,保障公众权利与司法裁判之间的合理界限。     

龙勃罗梭在中国——一个犯罪学史的考察

龙勃罗梭及其学说在中国之命运变迁,是中国犯罪学发展历程的一个缩影.中国犯罪学以译介龙勃罗梭著作和理论为开端,其夭折也以批判和否定龙勃罗梭及其学说为先导,而其再生与发展同样是以对龙勃罗梭的肯定和客观评价为重要标志.因为龙勃罗梭,犯罪学始成为科学.遗憾的是尽管龙勃罗梭的学说传入中国已逾百年,但是当代中国犯罪学总体仍然处于形...     

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.     

关于中国法律史研究的几点省思

近些年来 ,尽管学界对中国法律史研究有了长足的进步 ,但是 ,对于中国法律史研究的方法问题 ,依然缺乏必要的、自觉的省思。据此 ,本文从中国法律史研究的现状出发 ,对于中国法律史研究的方法问题进行一番检讨。文章共分四个部分 :首先 ,谈论方法的一个前提 ;其次 ,所谓历史的本来面目 ;再次 ,考证与解释 ;最后 ,史料与理论。     

Race,Plea, and Charge Reduction: An Assessment of Racial Disparities in the Plea Process

With the growing recognition of the salience of prosecutorial discretion, attention to biases in the earlier phases of case processing is increasing. Still, few studies have considered the influence of defendant race and race/sex within the plea process. The present study uses a sample of felony cases to assess the influence of race and race/sex on the mode of disposition, similarities and differences in the factors that predict the likelihood of a plea across race, and potential racial disparities in the plea value received pertaining to a charge reduction. The findings suggest that blacks, and black males in particular, are less likely to plea, and are expected to receive a lower value for their plea. Also, the factors that predict the likelihood of a plea are substantively different across race. Conditioning effects of race and sex are found in the likelihood of a plea and probabilities of a charge reduction.     

法条竞合的学术演进——一个学术史的考察

法条竞合是我国刑法学中一个颇具特色的理论问题,对于正确地解释立法以及正确地适用法条都起到了重要的作用。法条竞合从概念引入到本土化,经历了一个逐渐的学术演变进程,这也是我国刑法学术成长的过程。法条竞合理论讨论中涉及的重法优于轻法等原则的理解与适用,无不与罪刑法定原则相关。可以说,法条竞合的学术史恰是我国刑法理论发展的一个缩影。     

刑法的修改：轨迹、应然与实然兼及对刑法修正案(八)的评价

以往刑法的修改，显示出增设新罪、加重法定刑与限制有利于犯罪人的制度的适用三大轨迹，标示着严刑始终是指引刑法修改的主旨。然而，立足于刑法的效益、公正与人道三大基本价值的要求，以严刑为主旨的刑法修改，在很大程度上是非理性的。业已通过的刑法修正案(八)，虽因表面看来已开始摆脱严刑思想的支配而备受热捧，但是，实际上严刑仍是其主宰，因而承续了以往刑法修改的诸多非理性因素。相应地，修正案(八)只不过是刑法的再一次忧多于喜的修改。     

生成与发展:刑事辩护制度的进化历程论纲

刑事辩护制度是现代刑事诉讼的基本制度 ,刑事诉讼的进化历史也可以说是刑事辩护制度不断扩大、加强的历史。从历史上看 ,从奴隶社会的弹劾式诉讼模式到封建制社会的纠问式诉讼模式 ,再到近现代社会的控辩式诉讼模式 ,刑事辩护制度的发展经历了从有到无、又从无到有 ,并不断扩大、加强的曲折历程 ,由此推动着刑事诉讼制度的不断进化和臻于完善。二战以后 ,刑事辩护制度的发展逐渐呈现出国际化趋势 ,刑事辩护的国际标准得以建立 ,这是刑事辩护制度发展史上的里程碑。