Deciding to prosecute white-collar crime: A national survey of state attorneys general

In the past decade, academic research on white-collar crime has reemerged. Most of this inquiry has focused on three general issues: (1) public attitudes toward the seriousness of white-collar crime; (2) the use of government sanctions to control white-collar crime; (3) the differential and often beneficial treatment afforded white-collar criminals in comparison to traditional offenders. Little of this research has examined the prosecutorial link between occurrences of white-collar crime and the imposition of sanctions on white-collar offenders. In this study, an attempt to focus on the link that exists at the level of state attorneys general, a survey of the 50 state attorneys general was conducted. The results suggest the following: (1) state attorneys general prefer to use criminal sanctions, but use them most in cases involving individuals; (2) when organizations are involved in white-collar criminality, civil intervention is preferred; (3) the most crucial factor in the decision to prosecute and investigate white-collar crime is the seriousness of the offense; (4) the least important factors in the decision to investigate and prosecute white-collar violations are publicity aspects and political considerations; (5) state attorneys general may play an important part in the prosecution of white-collar crime because of the limited resources available in most local prosecutors' offices.     

The impact of race and extra-legal factors in charging defendants with serious sexual assault: Findings from a five-year study of one Pennsylvania court jurisdiction

Research on sexual assault case processing remains mixed regarding how extra-legal factors such as the racial-ethnic composition of the defendant-victim dyad may impact prosecutorial decision-making. We use data from 2006–2010 in a Pennsylvania county court jurisdiction to examine the victim- and defendant-related factors that influence charging decisions. We also explore how the demographic and offense characteristics influence decisions to prosecute offenders for more serious types of sexual assault. Our findings indicate that the racial composition of the defendant-victim dyad contributed to the prosecutorial decision to charge an offender with a more serious sexual assault, while victim characteristics and use of violence during the offense were not related to seriousness of the charge.     

Race as a Factor in the Judicial Decision of Bail Amount in a Midwestern Jurisdiction

Abstract

Data collected on all felony defendants during 1996 from a district court in a Midwestern county were examined for racial differences in the setting of bail. While we hypothesized that African Americans would receive higher bail amounts than whites, we found no independent effect of race on bail amounts either before or after applying controls for legal variables-seriousness of offense and prior arrests-and extralegal variables-sex, age, residency, and type of attorney. Thus, we were compelled to reject our hypothesis. Seriousness of offense and the interaction between offense seriousness and race were statistically significant in the regressions.     

论实质法治主义背景下的司法审查

形式法治主义向实质法治主义转型具有客观必然性,既有利于避免形式法治主义本身的局限性,也由中国现阶段的特殊国情所决定。实质法治主义的基本特征表现在：形式正义与实质正义的统一;合法性与正当性的统一;实体合法性与程序合法性的统一;形式平等与事实平等的统一。行政诉讼与司法审查,作为通过司法手段监督和支持行政机关依法行政的重要形式,在由形式法治主义向实质法治主义这一转型过程中必将发挥极为重要的作用。要把握好规则性与灵活性的统一和平衡,注重形式法治和实质法治的结合与协调。     

Legal Decisions of Preadolescent and Adolescent Defendants: Predictors of Confessions,Pleas, Communication with Attorneys,and Appeals

While there is an increasing recognition that developmental differences may exist in legal decision-making, little research has examined this. This study examined the legal judgments of 152 defendants aged 11–17 (73 females, 79 males). Adolescents aged 15 and younger were more likely than older adolescents to confess and waive their right to counsel, and less likely to report that they would appeal their case or discuss disagreements with their attorneys. Also, while adolescents aged 15–17 were more likely to confess, plead guilty, and accept a plea bargain if they perceived that there was strong evidence against them, younger defendants’ legal decisions were not predicted by the strength of evidence. Importantly, defendants with poor legal abilities were more likely to waive legal protections, such as the right to counsel and to appeal. Defendants from below-average socioeconomic backgrounds were more likely to waive their interrogation rights, and defendants from ethnic minority groups were less likely to report that they would disclose information to their attorneys. The advice of attorneys, parents, and peers emerged as important predictors of plea decisions. None of the defendants reported that their parents advised them to assert the right to silence during police interrogation.     

Texas Criminal Defense Attorneys’ Perceptions of Crime Victim Involvement in Criminal Prosecutions

The purpose of this study was to test the utility of the Victim Satisfaction Model of the criminal justice system by quantitatively assessing criminal defense attorneys’ perceptions of victims’ involvement in the charging and plea bargaining stages of the criminal process. A cross-section research design was used in this study. Self-administered questionnaires were mailed to defense attorneys who regularly practice criminal law in Texas. The results of this study support the utility of the Victim Satisfaction Model of the criminal justice system and further our understanding of victim involvement in the decision making and have important implications for the American criminal justice system.     

SERIOUSNESS OF OFFENSES

This experimental study, which was partly a replication of two previous studies in Canada and the United States, had a group of Norwegian students judge the seriousness of a set of offenses based on the magnitude estimation technique of psychophysics. Although it appeared that a considerable degree of consensus regarding the rank ordering of offense seriousness extended across the social and cultural differences between the three subject populations, some clear differences did emerge. In general, any change in the judgment of offense seriousness by the Norwegian subjects exceeded the corresponding changes perceived by the Canadian and the U.S. subjects.     

Garner plus five years: An examination of Supreme Court intervention into police discretion and legislative prerogatives

This paper examines legislative changes, state attorney general activities, and early federal case law following the 1985 United States Supreme Court holding inTennessee v. Gamer that laws authorizing police use of deadly force to apprehend fleeing, unarmed, non-violent felony suspects violated the Fourth Amendment. Only four of the 23 states apparently affected by this decision have brought their statutes into line with it. Only two of the attorneys general in the remaining 19 states have advised police of the decision. These findings indicate that control of police discretion in use of deadly force has been assumed by police administrators, and that criminal law definitions and the legal advice of attorneys general are largely irrelevant to effective control of police behavior     

Low-intensity community supervision for low-risk offenders: a randomized,controlled trial

The Philadelphia Low-Intensity Community Supervision Experiment provides evidence on the effects of lowering the intensity of community supervision with low-risk offenders in an urban, US county community corrections agency. Using a random forests forecasting model for serious crime based on Berk et al. Journal of the Royal Statistical Society, Series A, 172(Part 1), 191–211, 2009, 1,559 low-risk offenders were identified and randomly assigned to either standard or reduced frequency of mandatory office visits. Treatment as assigned was substantially delivered at 4.5 probation visits per year versus 2.4, for as long as offenders remained on active probation or parole. In a one-year follow-up for all cases, outcomes examined were the prevalence, frequency, seriousness and time-to-failure of arrests for new crimes committed after random assignment was implemented. No significant differences (p = .05) in outcomes were found between standard and low-intensity groups. Non-significant differences for offense seriousness favored the low-intensity group. We conclude that lower-intensity supervision at the tested level of dosage can allow fewer officers to supervise low-risk offenders in the community without evidence of increased volume or seriousness of crime.     

A comparison of bail amounts for hispanics, whites, and african americans: A single county analysis

Using 1996 data on defendants accused of felony offenses derived from a district court in a Midwestern jurisdiction, the authors employ bivariate and multivariate analyses to examine for significant differences between Hispanics and other racial and ethnic groups in the dependent variable, bail amount set by judge. To predict differences in the bail amount set by judges for Hispanic and other defendants, the multiple regression controls for two independent “legal” variables, prior arrest and seriousness of the instant offense, and for the “extra-legal” variables of age, gender, type of attorney, residency, and race. Our research shows that Hispanics receive higher bail amounts than White or African Americans; leading the authors to cast doubt on the tenets of “legal theory” which has gained attention as a model for explaining why members of racial or ethnic minorities receive harsher treatment at various stages of the criminal and juvenile justice system.     

Felony and misdemeanor defendants filed in the u.s. district courts during fiscal years 1990–95: An analysis of the filings of each offense level

The number of criminal defendants in cases filed in the federal courts increased by fewer than 1,000 from 1990 to 1995. Separate analyses of filings of felony and misdemeanor defendants revealed that there are different factors that influence the magnitude of the caseload of each offense level. The number of federal felony filings is strongly linked to staffing levels within the ninety-four U.S. attorneys’ offices, while the types of filings are a reflection of prosecution priorities. As a result, the magnitude of the felony caseload in the federal courts does not mirror either local or national crime rates. Misdemeanor filings, on the other hand, are dependent on enforcement practices of local authorities at military bases and/or national parks, and are concentrated within a few federal courts. The number of misdemeanor filings and traffic violations, in particular, are susceptible to dramatic changes when these local authorities modify their enforcement procedures.     

State Solicitors General,Appellate Expertise,and State Success Before the U.S. Supreme Court

This article examines how institutional design leads state governments to win their cases before the U.S. Supreme Court. We analyze whether states are more likely to prevail on the merits when they create a formal solicitor general office and have an attorney from that office argue their cases before the Court. We employ an analytical matching approach and find that attorneys from state solicitor general offices are significantly more likely to win their cases compared to other kinds of state attorneys. Accordingly, if states prioritize victory before the Court, they should consider creating state solicitor general offices and granting those solicitors general the authority to control their appellate litigation.     

Is it all about race? Intergroup threat and perceptions of racial profiling

Relatively few studies have assessed theoretically relevant predictors of individual’s perceptions of racial profiling by law enforcement officers. The current study addresses this limitation by drawing on theoretical frameworks highlighted in the growing body of literature examining disproportionate minority contact (DMC) with the criminal justice system. Specifically, we draw on the racial and symbolic threat perspectives with the objective of identifying theoretically relevant individual and community level predictors of perceptions of racial profiling by public and private police bodies in airports, malls, and on the roads. Results of our analysis of data on White and Black individuals nested within communities support the racial threat perspective in documenting the influence of racial heterogeneity and interracial labor market competition on perceptions of racial profiling. However, in contention to predictions derived from the symbolic threat perspective, the results fail to uncover a link between interracial socioeconomic inequality and perceptions of racial profiling by law enforcement officers. These results highlight the importance of moving beyond individual explanations of profiling and other forms of DMC and suggest community characteristics and perceptions of intergroup threat are particularly salient to understanding perceptions of race-based distinctions in formal social control.     

The “dark figure” and composite indexes of crime: Some empirical explorations of alternative data sources

This paper compares composite crime indexes across two alternative data sources—the Uniform Crime Reports (UCR) and the National Crime Survey (NCS). A variety of indexes are constructed based on weights derived from Sellin and Wolfgang's “seriousness” scale. The results reveal that indexes weighted by offense seriousness are not very highly correlated across data sources for a sample of twenty-six American cities. The substantive importance of the discrepancies between UCR and NCS estimates is illustrated by examining the ecological correlates of weighted crime rates for the twenty-six city sample and by assessing changes in weighted crime rates at the national level for the 1973-81 period. The results also reveal that if estimates of homecide are included in the composite indexes by supplementing the NCS data with data from the Center for Health Statistics, then under certain weighting conditions the correlations across data sources are nearly perfect. The paper concludes with a discussion of the implications of this latter finding for the measurement of overall levels of criminal activity and for the scaling of the relative gravity of different offenses.     

A National Survey of Juvenile Risk Assessment

Juvenile courts in the United State are using risk assessment to measure relative levels of risk posed by delinquent offenders. Risk assessment aids in decisions about restrictiveness, supervision and the type and intensity of treatment needed. The current study surveyed all states in an effort to define the current state-of-the-art in juvenile risk assessment. The results indicate most states have some semblance of risk assessment of juvenile offenders, but a minority of states have formal risk assessment instruments. The predominate risk factors measured in the 50 states include measures of offense severity, past history of offenses, age of the offender, psychological measures, use of community resources, substance abuse, prior institutionalization, family problems, peer group association and absconding. This qualitative research provides an overview of the scope and sophistication of juvenile risk assessment and may provide models for states wishing to implement risk assessment.     

THE ROLE OF RACE AND ETHNICITY IN PAROLE DECISIONS*

The parole board plays an integral part in the reentry of offenders into the community from prison in most states; yet, little is known about the decision‐making practices of this group. In particular, few studies have used quantitative data to examine parole among a large group of offenders, and less is known about the direct and joint effects of race and ethnicity on this decision point. We extend previous work by considering variation in parole timing among a sample of young, serious offenders incarcerated in one state. Results from a series of proportional hazard models reveal substantial variation in parole timing. Consistent with the existing theoretical research on parole, parole actors are most concerned with community protection and heavily weigh measures of the current offense, institutional behavior, and the official parole guidelines score. The direct effects of race and ethnicity were also revealed. Black offenders spent a longer time in prison awaiting parole compared with white offenders, and the racial and ethnic differences are maintained net of legal and individual demographic and community characteristics. These findings provide important insight into the parole process and augment the existing theoretical work on disparities in decision making.     

Effects of offender gender on prosecutorial decision-making

This article addresses the extent to which an offender’s sex and the type of offense influences decisions made by prosecuting attorneys in criminal cases. Prosecutors in one south-eastern state were asked to decide initial charging, plea negotiations, and sentence recommendations in two hypothetical crime scenarios. The first scenario depicted a gender-neutral crime; the second described a traditionally masculine crime. The sex of the offenders was varied in two different versions of the scenarios. The findings reveal that prosecutors treated the male and female offenders differently. In particular, prosecutors recommended harsher sentences for the female offender, regardless of the type of offense. Authors are listed in alphabetical order.     

RACE,DRUGS, AND POLICING: UNDERSTANDING DISPARITIES IN DRUG DELIVERY ARRESTS*

This article draws on several unique data sources to assess and explain racial disparity in Seattle's drug delivery arrests. Evidence regarding the racial and ethnic composition of those who deliver any of five serious drugs in that city is compared with the racial and ethnic composition of those arrested for this offense. Our findings indicate that blacks are significantly overrepresented among Seattle's drug delivery arrestees. Several organizational practices explain racial disparity in these arrests: law enforcement's focus on crack offenders, the priority placed on outdoor drug venues, and the geographic concentration of police resources in racially heterogeneous areas. The available evidence further indicates that these practices are not determined by race‐neutral factors such as crime rates or community complaints. Our findings thus indicate that race shapes perceptions of who and what constitutes Seattle's drug problem, as well as the organizational response to that problem.     

VARIATION IN TRIAL PENALTIES AMONG SERIOUS VIOLENT OFFENSES*

We examine the differences in the sentencing of those who plead guilty and those convicted by jury trial among defendants convicted of serious violent offenses. Drawing from a focal concerns and court communities perspective on court decision making, we develop several hypotheses about jury trial penalties for serious violent offenders, and how such penalties may vary by offense characteristics, defendant characteristics, and court contexts. Our hierarchical models using Pennsylvania sentencing data from 1997 to 2000 reveal that defendants are substantially penalized if they exercise their right to a jury trial and then lose. Furthermore, this jury trial penalty is not evenly assessed, but depends on the seriousness and type of offense, defendant criminal history, and court contextual characteristics such as caseload, court community size, local violent crime rates, and the size of local black populations.     

Serious about Change: A Gendered Examination of the Impact of Offense Type on Parole Success

Female offender populations are growing at an unprecedented rate. The present study examines gender differences among a large sample of male and female offenders as related to seriousness of their offense and success on parole. Data analyzed were originally collected from a random sample of parole case files in California. Results revealed that although gender does significantly impact parole success, seriousness of the offense does not. Other significant factors include age at release on parole, criminal history, and measures of stability upon release. The need for wrap-around services, comprehensive treatment models, and funding for gender-specific services are discussed.