“Fixed” Sentencing: The Effect on Imprisonment Rates Over Time

Objective

Sentencing guidelines, statutory presumptive sentencing, determinate sentencing, truth in sentencing, and three strikes are important components of the criminal justice system. The main purpose behind a relatively-fixed sentence is to remove judicial discretion by insuring that convicted felons receive a reasonably-assumed sentence depending on the crime committed. The current study assessed shifts in year-to-year changes in incarceration rates within all 50 states from the years 1965–2008 due to the adoption of sentencing reforms.

Methods

The study tests two competing theories, a normative theory and critical theory of the expected effects of reforms on imprisonment. Data was analyzed using panel regression with unit-specific fixed effects, conditional change scores, panel corrected standard errors, and a new measure of reforms.

Results

This study, possibly due to differences in model specification, ran counter to a number of previous studies and suggests some “front-end” sentencing reforms and “back-end” release changes are, on average, related to changes in imprisonment.

Conclusions

The study concluded, that when significant, reforms increased more than decreased prison growth in comparison to indeterminate sentencing. Additionally, the analysis concludes that changes in release mechanisms and parole decision structures are driving increased growth more than changes in sentencing structures.     

The Impact of State Laws Protecting Abortion Clinics and Reproductive Rights on Crimes Against Abortion Providers: Deterrence, Backlash, or Neither?

Since Roe v. Wade, most states have passed laws either restricting or further protecting reproductive rights. During a wave of anti-abortion violence in the early 1990s, several states also enacted legislation protecting abortion clinics, staff, and patients. One hypothesis drawn from the theoretical literature predicts that these laws provide a deterrent effect and thus fewer anti-abortion crimes in states that protect clinics and reproductive rights. An alternative hypothesis drawn from the literature expects a backlash effect from radical members of the movement and thus more crimes in states with protective legislation. We tested these competing hypotheses by taking advantage of unique data sets that gauge the strength of laws protecting clinics and reproductive rights and that provide self-report victimization data from clinics. Employing logistic regression and controlling for several potential covariates, we found null effects and thus no support for either hypothesis. The null findings were consistent across a number of different types of victimization. Our discussion contextualizes these results in terms of previous research on crimes against abortion providers, discusses alternative explanations for the null findings, and considers the implications for future policy development and research.     

Worsening Child Outcomes? Caregiver Imprisonment and Its Impact on Child Poverty,Health, Well-being and Education in Uganda

European Journal on Criminal Policy and Research - Increasingly, research investigates how the imprisonment of those with child care responsibilities may affect children and their outcomes....     

Assertions of “Future Dangerousness” at Federal Capital Sentencing: Rates and Correlates of Subsequent Prison Misconduct and Violence

The federal prison disciplinary records of federal capital inmates (n=145) who were sentenced to life without possibility of release (LWOP) by plea bargain, pre-sentencing withdrawal of the death penalty, or jury determination were retrospectively reviewed (M=6.17 years post-admission). Disaggregated prevalence rates were inversely related to infraction severity: serious infraction =0.324, assaultive infraction =0.207, serious assault =0.09, assault with moderate injury =0.007, assault with major injuries or death =0.00. Frequency rates of misconduct were equivalent to other high-security federal inmates (n=18,561), regardless of infraction severity. Government assertions of "future dangerousness" as a nonstatutory aggravating factor were not predictive of prison misconduct. These findings inform federal capital risk assessments and have public policy implications for procedural reliability in death penalty prosecutions.     

The Impact of a Risk Assessment Instrument on Juvenile Detention Decision-making: A Check on “Perceptual Shorthand” and “Going Rates”?

This study assesses the impact of a juvenile detention risk assessment instrument (RAI) on decision-making in five New Jersey counties. It uses a pretest–posttest design, drawing on a sample of decisions matched across time periods using propensity scores (N = 1,432). It suggests that the RAI, supported by other reforms, lowers overall rates of detention. Though evidence is not strong, findings suggest the RAI may have reduced reliance on “perceptual shorthand” variables reflected in the juvenile’s age and the time of day of the decision. There is stronger evidence that the RAI increased reliance on the specific factors contained within its risk score. There is also evidence that RAI reduced disparities in detention rates across counties, perhaps by diminishing the importance of “going rates” for detention, rooted in local courtroom workgroups.     

Assessing the Impact of First-Time Imprisonment on Offenders’ Subsequent Criminal Career Development: A Matched Samples Comparison

Using data from the Netherlands-based Criminal Career and Life-course Study the effect of first-time imprisonment between age 18–38 on the conviction rates in the 3 years immediately following the year of the imprisonment was examined. Unadjusted comparisons of those imprisoned and those not imprisoned will be biased because imprisonment is not meted out randomly. Selection processes will tend to make the imprisoned group disproportionately crime prone compared to the not imprisoned group. In this study group-based trajectory modeling was combined with risk set matching to balance a variety of measurable indicators of criminal propensity. Findings indicate that first-time imprisonment is associated with an increase in criminal activity in the 3 years following release. The effect of imprisonment is similar across offence types.

Assessing the Impact of Knowledge and Location on College Students’ Perceptions of Gun Control and Campus Carry Policies: a Multisite Comparison

American Journal of Criminal Justice - Recent incidents of mass shootings in schools have raised questions about the availability of “military-style” firearms and need for campus carry...     

The Effects of Pre-admonition Suggestions on Eyewitnesses’ Choosing Rates and Retrospective Identification Judgments

Pre-admonition suggestion is an identification-relevant comment made to an eyewitness by a lineup administrator before the lineup admonition. Quinlivan et al. (2012) found that their suggestion inflated mistaken identification rates and retrospective identification. However, the suggestion used was a compound statement, making it unclear which component influenced choosing rates. The current experiment was conducted to parse out the effects. Participants (N = 211) viewed a crime video and received either one component of the compound suggestion (a suggestion to pick or that the witness had paid substantial attention), both components, or no suggestion. All participants received an admonition, made an identification choice, and answered questions about their witnessing experience. The results demonstrated that the pick suggestion increased mistaken identifications from a perpetrator-absent lineup whereas the effects of the attention suggestion were restricted to the retrospective judgments. These results show support for the role of secondary (non-memorial) processes in eyewitness identification.     

Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria,Australia 1861–1961

Access to legal representation by accused felons was entrenched as part of the adversarial system from the early nineteenth century, but a substantial minority of defendants remained undefended at superior court level well into the twentieth century. Using a sample of criminal trials collected across a crucial hundred-year period that saw the development of incipient legal assistance schemes, this article seeks to examine what effect the presence of defence counsel had on individual trial results. It is shown that there was a significant association between defence status and a variety of outcomes, including pleas, verdicts, trial length, bail status and sentencing. This relationship was to some extent affected by the specific offence with which the accused was charged, but remains evident across various other factors, including defendant ethnicity, sex, occupation and age, and lawyer assigned to the case. The results suggest that representation was highly desirable for defendants throughout this period.     

The Impact of Gender,Age and Tissues in vitro on Estimating Postmortem Interval by FTIR Spectroscopy

To investigate the influence of such individual factors as gender,age and tissues in vitro to the postmortem interval(PMI) by the Fourier transform infrared(FTIR) spectrometer in animal experiments.SD rats were classified into male and female groups,different age groups(21-day,42-day and 63-day group),and tissues in vitro and in vivo groups.The rats were sacrificed by cervical dislocation,whose bodies were kept in a controlled environmental chamber set at(20±2) ℃ and 50% humidity.The liver,kidney,spleen,myocardium,brain,lung and skeletal muscle tissues were collected for measurement from time zero to 48 h postmortem.With the change of PMI,no obvious changes were found in the main FTIR absorbance peaks and their ratios at different time points.All the experimental groups showed no significant changes when compared with the controls.The gender,age and tissues in vitro were not found to be contributing factors in the estimation of PMI via FTIR spectroscopy.     

Mercy, death, and politics: An analysis of executions and commutations in New York State, 1935–1963

This study focuses on the 249 executions and the 49 commutations not based upon any policy per se of the New York State governors between the years 1935 and 1963. Clemency is an inherently political decision. Therefore, it is expected that groups which are disfavored or viewed as dangerous (blacks, males, felony murderers, and non-youthful offenders) will register higher execution rates than favored groups. Contingency tables and logistic regression analyses offer partial support in that offender race and age are significantly related to final disposition. A draft of this paper was presented at the annual meeting of the American Society of Criminology, Chicago, IL, 1996. The authors would like to thank Bill Doerner, C. Loftin, A. Lizotte, J. Acker and four anonymous reviewers for helpful comments on earlier drafts of this paper.     

The Impact of Psychological Injury Evidence and Jurors’ Schemas on Civil Case Decisions

Psychological injury evidence is at the heart of many civil claims. Due to the recent burgeoning of sexual harassment and assault claims which predominantly involve psychological distress, it is especially important to understand how jurors process this evidence at the most basic (or schema) level, and how these preconceived notions influence processing of trial evidence and subsequent legal judgments. As a result, the present paper explores rarely addressed—but fundamental—issues regarding how jurors perceive psychological injury evidence. Specifically, do jurors have psychological injury schemas? And if so, what injuries do these schemas contain, how stable are they, how are they evaluated, and how do they affect jurors’ case perceptions and legal decisions? A review of relevant theory and empirical research reveals that jurors have psychological injury schemas, but they are often poorly developed and susceptible to the influence of prompts used to retrieve these schemas (e.g., questions posed by attorneys during voir dire, the actual injuries adduced by the plaintiff). Also interesting is that despite the relative importance of psychological injury evidence, tremendous gaps remain regarding what actual types of psychological injuries jurors believe typically result in civil cases, how stable these injury schemas are, and precisely how they affect jurors’ decisions. This paper addresses these important issues to help organize and direct future research on the subject, including proposing a model for how psychological injury schemas interact with jurors’ perceptions of the plaintiff’s alleged injuries to affect their legal decisions.     

The Constitution of Criminal Law: Justifications, Policing and the State��s Fiduciary Duties

This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to claim a criminal law justification defence. I argue that the nature of justification defences necessarily ties them to the powers of the state to engage in such activity. I also argue that both the constitutional decision and its criminal law implications are salutary.     

Mother–Child Contact during Incarceration: A Study Based on a National Survey of Women Prisoners

Based on quantitative data from a national survey of female inmates in Norway, the present article describes the self-reported frequency and type of mother–child contact before and during imprisonment and investigates to what extent this is influenced by mothers’ sociodemographic background as well as their drug abuse and previous criminal history. A total of 141 female inmates participated in the study, representing 75% of the total female inmate population. The findings indicated that 6 in 10 female inmates had children, most of them minors. Half of the mothers had an immigrant background. The mothers presented with serious problems in several welfare domains. Multivariate logistic regression analysis indicated that preimprisonment contact remained an important contributor to mother–child contact during imprisonment after the other variables included in the study were controlled.     

Life Imprisonment Without Parole: The Compatibility of Serbia’s Approach with the European Convention on Human Rights

In this article, the author deals with the issue of life imprisonment without parole. Life imprisonment represents a new type of penalty in Serbian criminal law, in addition to standard imprisonment. The present state of the Serbian criminal legislation provides the possibility of parole for most criminal offences after 27 years of imprisonment served, while simultaneously explicitly prohibiting the possibility of parole for certain offences. The author elaborates the judgments of the European Court of Human Rights regarding life imprisonment, emphasizing rehabilitation as the primary goal of criminal sanctions. After that, the author explains the legislative solutions outlined in the Criminal Code of Republic of Serbia. Through the analysis of the crucial provisions of the Criminal Code, as well as other important and relevant laws, the author points out the shortcomings of the existing regulations in Serbia regarding life imprisonment, which flagrantly threatens to violate the offenders’ human rights.

     

The Impact of Subsequent Customary International Law on Treaties: Pushing the Boundaries of Interpretation?

Conflicts between treaty and customary norms are endemic to international law and are increasingly frequent. Yet there is nothing automatic or mechanical about interpreting and resolving such conflicts, which require a high degree of contextual sensitivity. Their identification and interpretation test the limits of the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, particularly where treaty modifications by subsequent customary law are concerned. This article endeavours to sketch how the latter phenomenon occurs, and the interpretative and evidentiary challenges involved—many of which remain underexplored. The analysis begins with the identification and interpretation of newly emerged customary norms, before delving into the process of determining their treaty-modifying potential. This involves the side-by-side interpretation of the pre-existing treaty and the customary norm to assess whether there is a genuine incompatibility that cannot be resolved through harmonious interpretation. The final inductive step is to ascertain the parties’ consent to displace the treaty norm in favour of the customary norm, subject to certain crucial requirements. Against the backdrop of the organic and continuous interplay between treaties and customary international law, these interpretative and evidentiary steps serve to ensure that the parties’ intention remains paramount.

     

The “G-local” Dimension of Albanian Organized Crime: Mafias,Strategic Migration and State Repression

This paper elaborates on the relation between globalization, migration, and transnational organized crime. The case selected is on ethnic Albanian organized crime and its migration to Western Europe and the United States. There are a few perspectives on the ability of organized crime to take advantage of globalization in an effort to expand their criminal markets. One view is that criminal groups, similarly to multinational corporations, are taking advantage of globalization and are opening outposts in Western cities. The opposing view is that organized crime groups are highly localized and territorial. This paper tries to answer the following questions: Are Albanian groups operating in the USA and Europe part of the same species originating from Albania and Kosovo? Are these groups coordinated by a central organization in the country of origin that sought opportunity to exploit the process of international integration? The paper concludes that the migration of Albanian organized crime may not be a strategic business choice. Therefore, rather than fitting the stereotype of hypersophisticated international organized crime bureaucracies found in news reports, this study suggests that many Albanian organized crime groups are localized and spontaneously formed. What might appear to be the product of globalizations is, in fact, the consequence of state repression or wars between rival criminal groups. The conclusions are based on a mixed-methods approach, including interviews with experts, Albanian migrants and offenders, and in-depth analysis of court cases.     

The forming and fracturing of families on a South Carolina rice plantation, 1812–1865

This case study traces family formation among enslaved people on a South Carolina rice plantation owned by Charles Cotesworth Pinckney in the first half of the nineteenth century. It uses a rare set of documents to show how enslaved people were brought together mainly via inheritance (rather than purchase) to form a new community, and how they responded to frequent mobility within the holdings of a single planter. It also highlights the peculiar challenges to stable family formation that were unique to the South Carolina lowcountry, including individuals being separated from the main body of the community for periods of time while working on other holdings; the presence of a higher percentage of African-born individuals than was usual for the antebellum South; and the devastating impact of the highest mortality experienced by a mainland slave population.