Police professionalism and cynicism reconsidered: An assessment of measurement issues

A hierarchical logistic model is used to analyze data on Three Strikes-eligible offenders in California and the counties in which they are sentenced. The analysis finds that discretion is widely exercised by elected prosecutors and judges in the administration of Three Strikes. Discretion functions as a “safety valve” and preserves some sentencing proportionality, but may also allow political concerns to influence sentencing decisions. A more conservative political environment is strongly associated with stricter application of the law. Consistent with racial threat theory, eligible felons are more likely to receive Three Strikes sentences in counties with larger Latino populations. However, the size of the black population has no significant effect. Higher unemployment rates are associated with more stringent application of the law. Prosecutorial and judicial discretion benefits offenders unequally. Controlling for legally relevant factors, black offenders are more likely to receive Three Strikes sentences, while younger ones are less likely.     

About the authors

We have reached what may be an important turning point in the development of criminological thought and of social policy toward crime. The “conservative revolution” in criminology has lost considerable credibility, along with the entire set of minimalist strategies toward the disadvantaged that dominated social policy throughout much of the recent past. A space has opened for the development of a “social environmental” or “human-ecological” approach to crime, which combines a variety of interventions on the individual and family level with an array of broader policies aimed at controlling the social and economic forces that place individuals, families, and communities at risk in the first place.     

The system of justice and the concept of human nature in the People's Republic of China

“Love the country! Love the people!” “Serve the four Modernizations!”     

Social support as an organizing concept for criminology: Presidential address to the academy of criminal justice sciences

Although “social support” is present as a theme in many criminological writings, it has not been identified explicitly as a concept capable of organizing theory and research in criminology. Drawing on existing criminological and related writings, this address derives a series of propositions that form the foundation, in a preliminary way, for the “social support paradigm” of the study of crime and control. The overriding contention is that whether social support is delivered through government social programs, communities, social networks, families, interpersonal relations, or agents of the criminal justice system, it reduces criminal involvement. Further, I contend that insofar as the social support paradigm proves to be “Good Criminology”—establishing that nonsupportive policies and conditions are criminogenic—it can provide grounds for creating a more supportive, “Good Society.”     

Examining the “virtual”; publication as a “newspaper of record”;

Newspapers as a record of the day's events and chronicle for public business have been part of the United States' unofficial governing system for several hundred years. The expression “newspaper of record”; has specific meaning and import for librarians, historians and lawyers. This article compares the statutory characteristics of “newspapers of record”; with the qualities of modern electronic newspapers delivered by on‐line delivery services. The article concludes that the definitions of “newspapers of record”; used by librarians, historians and statutes may not be met yet by electronic editions of newspapers. Thus, on‐line newspapers may not be able to carry legal notices.     

Disclosure strategies among sex offenders: A model for understanding the engagement process in groupwork

Abstract

A key component of the functional engagement of child sex offenders in a group-based programme is the disclosure of certain personal information. Such information is required to be of a type and presented in a way that facilitates open exchange in the group, promoting understanding of the presenter's offence pattern and conveying his sole responsibility for the offending. The model explained in this paper, based on an outcome from a grounded theory study, describes in detail four distinct orientations to such disclosure. Each is associated with a particular style of managing the disclosure encounter. Three of these disclosure management styles can be described as essentially “resistant” in nature, but only one is overtly oppositional. The two other “resistant” styles of disclosure management emerge as more covert and perhaps less readily identifiable expressions of reluctance. The implications of the model for work with this population and in more general settings are discussed.     

Perpetrators of organised child sexual exploitation (CSE) in the UK: a review of current research

ABSTRACT

Researchers and professionals tend to agree that there continues to be a paucity of evidence on who perpetrates organised child sexual exploitation (CSE). This article provides a review of currently available research and data pertaining to this form of offending. It also considers gaps in existing research and some of the challenges surrounding current data recording. Beginning with a discussion of terminology surrounding organised CSE - which has also been called “group localised grooming”, “internal trafficking” and “contact child sex abuse” – there then follows a request for greater clarity of terminology. Finally, the specific issue of offender characteristics is broached through an examination of available research and evidence relating to the perpetrators of organised CSE.     

Meta-analysis and the rehabilitation of punishment

Do we know what “works” in the way of rehabilitative treatment in corrections? Not yet. Has the old “nothing works” literature been invalidated by new reviews of research claiming to show, through meta-analysis, that treatment really does work, at least when it is “appropriate?” Not likely. Would production of this knowledge enhance the ability of prison officials to do their job? Not ever. Their job, and their highest duty, is to administer justice, not treatment. Individualized treatment muddles the message of punishment, making it less principled and not necessarily more humane. A “confinement model” of imprisonment is proposed, which rejects rehabilitation as an official goal and yet allows for programs of work, education, and other activities within the mission of a prison.     

Sequential angulation,spatial dispersion and consistency of distance attack patterns from home in serial murder,rape and burglary

Abstract

Three related measures of spatial movement (sequential angulation, spatial dispersion and consistency of distance in attack target) were compared across three serial offence types: serial homicide (n=35), serial rape (n=41) and serial burglary (n=30). In each case, each offender had committed at least five offences. “Spatial dispersion”, defined as the extent to which an offender distributes his offences across either a focused or relatively more evenly distributed area, revealed that burglary was less evenly distributed (i.e. more focused) than rape and murder. “Sequential angulation”, defined as the degree of rotational movement around the home of the offender from one offence to the next, revealed that serial murderers have higher angulation scores than do rapists who, in turn, have higher angulation scores than burglars. Lastly, a comparison of the offender's consistency in the relative distance travelled from home to each attack site (“consistency of distance in attack target”) was relatively similar across the three groups. This was despite the comparison of different serial offence types from disparate geographical areas. The supposition that differences in dispersion and sequential angulation scores across crime types are related to the perceived risk of the crime has been confirmed. The specificity and the mobility of the targets are also discussed.     

Is it acceptable for a psychiatrist to break confidentiality to prevent spousal violence?

Study questionWhen is it acceptable for a psychiatrist to break confidentiality to protect the wife of a potentially violent patient?Methods153 lay persons, 13 nursing personnel, 10 physicians, and 10 psychologists in France indicated this acceptability in 48 scenarios. The scenarios were all combinations of 5 factors: gravity of threat (death or beating), certainty of mental illness (certain or not), time spent talking with patient (considerable or little), his attitude toward psychotherapy (rejection, indecision, or acceptance), and whether the physician consulted an expert.ResultsLay people favored breaking confidentiality more than did nursing personnel or psychologists. Consulting an expert had greatest impact. Lay participants were composed of groups that found breaking confidentiality “always acceptable” (22 participants), “depending on many circumstances” (106), requiring “consultation with an expert” (31), and “never acceptable” (27).ConclusionLay people in France are influenced by situational factors when deciding if a psychiatrist should break confidentiality to protect a patient's wife.     

Lilith in Myth,Melodrama, and Criminology

Abstract

This article illustrates how the social construction of both knowledge and popular culture has been influenced by mythic images of “fair and virginal” good women and “dark and sensual” evil women-what is commonly called the madonna/whore duality. The article examines the myth of Lilith, first wife of Adam, and the images of good and evil women that we can distill from creation myths. We then demonstrate how these images of good and evil women are illustrated in early twentieth century criminology and the 1920s melodrama Lilith.     

Focally Concerned About Focal Concerns: A Conceptual and Methodological Critique of Sentencing Disparities Research

Abstract

“Focal concerns” is the predominant theoretical framework in criminology for explaining disparities in sentencing outcomes. While the framework has generated a large body of empirical scholarship, its postulates remain inadequately tested in the criminological literature. In this paper, I offer a conceptual and methodological critique of focal concerns as it is being deployed in a large body of sentencing research. I first trace the genealogy of the “focal concerns” concept and detail its current articulation. I then describe the body of work that has reduced “focal concerns” to a commonsense psychological construct, and illustrate the fallacies of logic and paucity of direct theory development and testing that weaken the explanatory value of the framework. I conclude by building on Ulmer’s recent call to treat criminal courts as “inhabited institutions” to assess approaches that are more social scientifically robust and empirically testable for understanding how sentencing disparity is produced.     

How social movement organizations explicitly and implicitly promote deviant behavior: The case of the militia movement

The literature on social movements and deviance has failed to recognize that social movement organizations also promote deviance in society. This oversight stems from a tendency in the dominant paradigm of social movement theory to normalize the activities of these movements by equating their activities with political behavior. Focusing on the modern militia movement, we discuss the explicit and implicit paths through which movements promote deviance and/or criminal behavior. Noting that the movement has both a “defensive” and an “offensive” wing, we find that they promote deviance both through their ideology, which legitimizes deviance, and through their organizational structures, which are unable to control either the actions of those who are part of the movement or the flow of movement-generated information.     

SELECTIVE INCAPACITATION AND THE PROBLEM OF PREDICTION*

Recent innovations in sentencing policy across the United States reveal a renewed interest in the idea of selective incapacitation of criminal offenders. This is perhaps most evident in the proliferation of “Three Strikes and You're Out” habitual-offender statutes across the nation. Although the term was first introduced by David Greenberg in 1975, Peter Greenwood and Allan Abrahamse's eponymous 1982 Rand report represents the most fully articulated plan for implementing such a strategy. The report's release stimulated much discussion, because of the AUTHOR'S claims that selective incapacitation could simultaneously reduce crime rates and prison populations. Ethical problems inherent in such proposals as well as methodological inconsistencies in the original research warrant a reexamination of the proposal and of the empirical basis for the conclusions offered therein. Greenwood and Abrahamse's original research is replicated with a representative sample of California state prison inmates (N = 2, 188) in light of these limitations, with specific focus on the methodological issues concerning the construction of the predictive scale. The selective incapacitation scheme advocated by Greenwood and Abrahamse performs extremely poorly in terms of both reliability and validity, thus precluding the implementation of such schemes. The article contains a discussion of other, more ethically acceptable uses of an instrument that identifies “high-rate” or “dangerous” offenders. In conclusion, some observations on the limitations of incarceration-based strategies of crime control are offered.     

America's response to terrorism: An empirical analysis of federal intervention strategies during the 1980s

Despite considerable interest among criminologists, the literature on terrorism has been largely atheoretical and nonempirical. This paper provides the results of a national study of federal criminal cases that arose from the FBI's Counterterrorism Program during the 1980s. The strategies of federal prosecutors are discussed in relation to Turk's notions of “explicit politicality” and “exceptional vagueness.” Evidence shows that in keeping with historical studies of American political crime, prosecutorial efforts to depict terrorists as common criminals have been the most frequently used and most successful strategy. Prosecutors' efforts to explicitly politicize the terrorists' crimes have been largely unsuccessful and are rarely employed.     

An examination of implicit theories among francophone child molesters

Abstract

According to Ward (2000), cognitive distortions emerge from “implicit theories” (ITs). Ward and Keenan (1999) established a typology of the ITs of child molesters in which they classified existing knowledge on their cognitive distortions into five categories: “entitlement”, “nature of harm”, “uncontrollability”, “child as sexual being” and “dangerous world”. The purpose of this research was to examine whether the cognitive distortions of child molesters are encapsulated fully by these five categories of ITs. Semi-structured interviews were conducted with 20 convicted francophone child molesters and their cognitive distortions were analysed. Results indicate that six ITs were present in this sample. “Entitlement”, “nature of harm” and “uncontrollability” were identical to those of Ward and Keenan. “Child as sexual being” and “dangerous world” were present, but varied from their original versions. A new IT emerged, which we called “child as partner”. We discuss these findings in comparison to their original versions.     

Symbol and Substance: Effects of California's Three Strikes Law on Felony Sentencing

California's “three strikes and you're out” law is the most notorious example of the wave of mandatory sentencing policies that many states enacted beginning in the late 1970s. While advocates and critics predicted the law would have profound effects on aggregate punishment trends and individual case outcomes, Feeley and Kamin's analysis of previous sentencing reforms suggested the law's impact would be mainly symbolic because local officials would ignore, subvert, or nullify its major provisions. While aggregate analyses have tended to confirm this argument, so far there has been no systematic test of the law's effect on individual cases. This analysis uses multilevel models applied to case‐level data from 12 urban California counties to test hypotheses about shifts in average punitiveness, the relative influence of legal and extralegal factors on sentencing, and the uncertainty of sentencing outcomes. Results mostly support Feeley and Kamin's symbolic interpretation, but also reveal important substantive impacts: since Three Strikes, sentences have become harsher, particularly in politically conservative counties, and black felons receive longer prison sentences.     

Revivification of rehabilitation: Evidence from the 1980s

We reviewed the offender rehabilitation literature for the period 1981–87 and assessed the following types of interventions: biomedical, diversion, early/family intervention, education, getting tough, individual differences, parole/probation, restitution, and work. We evaluated treatments applied to specific subgroups of offender populations: sexual offenders, substance abusers, and violent offenders. The hypothesis that the “nothing works” credo has had a pervasive influence and has suppressed the rehabilitative agenda was not borne out when we examined the number and variety of successfully reported attempts at reducing delinquent behavior. In fact, the rehabilitative literature is growing at a noticeable rate; moreover, it suggests several strategies for developing more effective programs. Finally, we speculated why the “nothing works” doctrine continues to receive support in spite of empirical evidence to the contrary.     

How officers spend their time with the community

Using data from field observation of police patrol officers at work in two American cities, we explore similarities and differences between the tasks undertaken by generalist patrol officers and community policing specialists. As expected, community policing specialists are much more able to choose the work they do and the people they encounter. Specialists use their discretion to spend less “face time” with the public and more time “behind the scenes” than do patrol generalists, and to engage a higher-status and less problem-ridden clientele. Implications for adoption of community policing are discussed.     

From tong war to organized crime: Revising the historical perception of violence in Chinatown

An analysis of New York City press accounts and official documents from 1894 to 1908 challenges many assumptions about Chinese organized crime in the United States. Contrary to conventional wisdom, this analysis provides strong evidence that Chinese organized crime is neither “emerging” nor “nontraditional” and that it predates, in structure and sophistication, organizations of other ethnic origins later recognized as “modern” organized crime by academics, the media, and the government. A qualitative, document-based case study of the first “tong war” between the Hip Sing Tong and the On Leong Tong (1899–1907) shows that both organizations were heavily involved in a multiethnic social system of organized crime that extended across the United States and to China itself. The turn-of-the-century tongs were involved with police and political corruption, labor racketeering, price fixing, prostitution, gambling, immigrant smuggling, slavery, drug trafficking, and violent crimes. They are still associated with these activities.