SENTENCING AND UNWARRANTED DISPARITY: AN EMPIRICAL ASSESSMENT OF THE LONG-TERM IMPACT OF SENTENCING GUIDELINES IN MINNESOTA*

Using an interrupted time-series design, this research note analyzes the long-term effect of Minnesota's sentencing guidelines on reducing unwarranted disparity in sentencing outcomes that fall within their scope of authority. Unwarranted disparity is defined as residual variation not attributable to legally mandated sentencing factors. Findings suggest that although the sentencing guidelines initially reduced disparity for the no prison/prison sentencing decision, inequality began to revert to preguideline levels as time passed. Further analysis revealed that the guidelines had a permanent impact on reducing disparities in decisions on the length of prison sentence. Overall we observed an 18% decline in disparity for the no prison/prison outcome and a 60% reduction in inequality for the judicial decision as to length of prison sentence. Two explanations for the reversionary trend in the no prison/prison series are highlighted.     

THE JUVENILE PENALTY: A COMPARISON OF JUVENILE AND YOUNG ADULT SENTENCING OUTCOMES IN CRIMINAL COURT*

This study uses criminal court data from the Pennsylvania Commission on Sentencing (PCS) to investigate the sentencing of juvenile offenders processed in adult criminal court by comparing their sentencing outcomes to those of young adult offenders in similar situations. Because the expanded juvenile exclusion and transfer policies of the 1990s have led to an increase in the number of juveniles convicted in adult courts, we argue that it is critical to better understand the judicial decision making processes involved. We introduce competitive hypotheses on the relative leniency or severity of sentencing outcomes for transferred juveniles and interpret our results with the focal concerns theoretical perspective on sentencing. Our findings indicate that juvenile offenders in adult court are sentenced more severely than their young adult counterparts. Moreover, findings suggest that juvenile status interacts with and conditions the effects of other important sentencing factors including offense type, offense severity and prior criminal record. We discuss these results as they relate to immediate outcomes for transferred juveniles, criminal court processes in general and the broader social implications for juvenile justice policy concerning the transfer of juveniles to criminal court.     

PUNISHING THE “MODEL MINORITY”: ASIAN‐AMERICAN CRIMINAL SENTENCING OUTCOMES IN FEDERAL DISTRICT COURTS*

Research on racial and ethnic disparities in criminal punishment is expansive but remains focused almost exclusively on the treatment of black and Hispanic offenders. The current study extends contemporary research on the racial patterning of punishments by incorporating Asian‐American offenders. Using data from the United States Sentencing Commission (USSC) for FY1997–FY2000, we examine sentencing disparities in federal district courts for several outcomes. The results of this study indicate that Asian Americans are punished more similarly to white offenders compared with black and Hispanic offenders. These findings raise questions for traditional racial conflict perspectives and lend support to more recent theoretical perspectives grounded in attribution processes of the courtroom workgroup. The article concludes with a discussion of future directions for research on understudied racial and ethnic minority groups.     

TRANSFERRED JUVENILES IN THE ERA OF SENTENCING GUIDELINES: EXAMINING JUDICIAL DEPARTURES FOR JUVENILE OFFENDERS IN ADULT CRIMINAL COURT*

This study contributes to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two states, one with presumptive sentencing guidelines (Pennsylvania) and one with voluntary guidelines (Maryland). Propensity score matching is first used to create more comparable samples of juvenile and young adult offenders, and then Tobit regressions are employed to estimate the effect of juvenile status on the likelihood and length of departures. Our findings indicate that juvenile status significantly affects the use of upward departures in Pennsylvania, and the use of both downward and upward departures in Maryland. Judicial reasons for departure are examined to provide additional insight into the complex dynamics surrounding exceptional sentences for juvenile offenders sentenced in adult court.     

THE PROSECUTION AND PUNISHMENT OF INTERNATIONAL TERRORISTS IN FEDERAL COURTS: 1980–1998*

Research Summary: This study reports findings from the American Terrorism Study. The data show that from 1980 to 1998, the U.S. government periodically tried accused domestic and international terrorists through the use of traditional criminal trials. The extent to which federal prosecutors “explicit politicized” these trials (and the success that the politicization had) varied among the types of terrorist groups. Explicit politically was not found to be successful in trials of domestic terrorists but seemed to work for trials involving international terrorists. Over the 20‐year period, however, federal prosecutors began to rely more heavily (and more successfully) on the politicization of the criminal acts by international terrorists. The results also show that international terrorists, like their domestic counterparts, are much less likely to plead guilty. Finally, the study shows that these traditional trials have resulted in international terrorists being punished more severely than domestic terrorists. Unfortunately, the practice of performing these politicized trials within the venue of the federal court system may have been compromised by defense strategies that capitalized on the due process procedures so prominent in the U.S. system of justice. In the wake of the terrorism attacks in September 2001 by foreign nationals, the federal government began to take the next step in its “war against terrorism” by instituting the use of military tribunals. Policy Implications: Although the federal government has been relatively successful in the prosecution of terrorism in America in the past two decades, the movement toward the use of military tribunals has perhaps become inevitable (as the use of the traditional criminal trial for international terrorists manifests weaknesses). In the short term, it is likely that several international terrorism cases stemming from the September 2001 attacks and other subsequent attacks (which may be presumed) will be tried in federal courthouses across the country (even with the advent of military tribunals). Federal prosecutors will need to be trained on the specifics of trying these kinds of cases. In the long term, the use of military tribunals will provide greater ease of prosecution for the federal government. Long‐term consequences such as retaliatory attacks and attacks aimed at the release of political prisoners cannot be ignored by policy makers.     

THE EXERCISE OF POWER IN COERCIVE ORGANIZATIONS: A STUDY OF PRISON GUARDS*

If the power of prison guards has been altered and reduced by recent social, legal, and bureaucratic instructions in American prisons, as has been reported by many observers, then what is the base of power by which guards currently exert control over prisoners? Following a discussion of the bases of power in prison, data from a survey of guards in five prisons are examined to determine the extent to which each power base is viewed as a resource to gain prisoner compliance. The results are discussed in terms of the guards’exercise of control within the increasingly bureaucratic structure of coercive organizations.     

染毒兔体内各脏器中立克命的含量及分布

本文用家兔作为实验动物,以25mg/kg 和100mg/kg 两个剂量给药,建立立克命中毒模型,观察染毒兔的中毒表现和解剖所见。兔内脏中的立克命含量用高效液相色谱法进行了测定。本文报导了观察所见和内脏中立克命的分布,并对所得结果进行了讨论。     

THE INTERACTION OF RACE, GENDER, AND AGE IN CRIMINAL SENTENCING: THE PUNISHMENT COST OF BEING YOUNG, BLACK, AND MALE

Prior theory and research on sentencing oversimplify the role of race, gender and age in judicial decision making. In this article we present a "focal concerns" theory of judicial decision making to frame hypotheses regarding the effects on sentencing of these social statuses, both singly and in combination. Analyzing statewide sentencing outcomes in Pennsylvania for 1989–1992, we find that, net of controls: (1) young black males are sentenced more harshly than any other group, (2) race is most influential in the sentencing of younger rather than older males, (3) the influence of offender's age on sentencing is greater among males than females, and (4) the main effects of race, gender, and age are more modest compared to the very large differences in sentencing outcomes across certain age-race-gender combinations. These findings demonstrate the importance of considering the joint effects of race, gender, and age on sentencing, and of using interactive rather than additive models.     

汉族人群五个STR基因座的多态性调查

应用PCR及PAG电泳技术研究了PLA2A、vWA、CYP19、TH和LPL五个基因座的多态性，调查武汉地区汉族无关个体，获得汉族人群的频率分布。五个基因座基因型频率分布与Hardy-Weinberg平衡吻合良好、分别计算基因座的杂合度（H）、个人识别能力（Dp）、非父排除率（PE）和多态性信息总量（PIC）。为法医学应用提供了基础数据。     

SOCIOECONOMIC DISPARITIES UNDER DETERMINATE SENTENCING SYSTEMS: A COMPARISON OF PREGUIDELINE AND POSTGUIDELINE PRACTICES IN MINNESOTA*

After a brief review of determinate sentencing systems, this study examines the impact of Minnesota's determinate sentencing law on various presentence and sentencing outcomes. Using comparable pre- and postguideline measures, the results of this study suggest that Minnesota's reform effort was largely successful in reducing disparity within the scope of the new guidelines. However, although the direct impact of socioeconomic attributes of the offender diminished, these characteristics continued to influence sentencing decisions indirectly through various presentence decisions and case attributes not governed by the guidelines Different models of charge bargaining and sentence negotiations are also observed when pre- and postguideline models are compared. Yet, the determinants of these time-specific models are not consistent with the assumptions of a circumvention argument. The paper concludes with suggestions for further research evaluating the impact of determinate sentencing systems on achieving social neutrality in the application of criminal sanctions.     

UNITED STATES COURTS AND THE OPTIMAL DETERRENCE OF INTERNATIONAL CARTELS: A WELFARIST PERSPECTIVE ON EMPAGRAN

E. Hoffmann–La Roche Ltd. v. Empagran S.A. concerned aprivate antitrust suit for damages against a global vitaminscartel. The central issue in the litigation was whether foreignplaintiffs injured by the cartel's conduct abroad could bringsuit in U.S. court, an issue that was ultimately resolved inthe negative. We take a welfarist perspective on this issueand inquire whether optimal deterrence requires U.S. courtsto take subject matter jurisdiction under U.S. law for claimssuch as those in Empagran. Our analysis considers, in particular,the arguments of various economist amici in favor of jurisdictionand arguments of the U.S. and foreign government amici againstjurisdiction. We explain why the issue is difficult to resolve,and identify several economic concerns that the amici donot address, which may counsel against jurisdiction. We alsoanalyze the legal standard enunciated by the Supreme Court andapplied on remand by the D.C. Circuit, and we argue that itsfocus on "independent" harms and "proximate" causation is problematicand does not provide an adequate economic foundation for resolvingthe underlying legal issues.     

应用等电聚焦电泳对人精液黄递酶Ⅲ表型分布的研究

应用超薄层聚丙烯酰胺凝胶等电聚焦电泳对武汉地区198例成人精液黄递酶Ⅲ(DIA_3)作了分型。观察到4种表现型,基因频率分别为DIA_3~1=0.7727;DIA_3~2=0.2172;DIA_3~3=0.0101。对保存精斑进行检测证实,室温下保存9周的精斑仍能作DIA_3分型。在聚丙烯酰胺凝胶中引入分离剂HEPES,提高了分辨率。改进后的等电聚焦技术尤适于DIA_3基因产物的分离。文中还调查了我国汉族人群DIA_3频率分布,并与其它群体资料作了比较。     

TRAJECTORIES OF CRIME AT PLACES: A LONGITUDINAL STUDY OF STREET SEGMENTS IN THE CITY OF SEATTLE*

Studies of crime at micro places have generally relied on cross‐sectional data and reported the distributions of crime statistics over short periods of time. In this paper we use official crime data to examine the distribution of crime at street segments in Seattle, Washington, over a 14‐year period. We go beyond prior research in two ways. First, we view crime trends at places over a much longer period than other studies that have examined micro places. Second, we use group‐based trajectory analysis to uncover distinctive developmental trends in our data. Our findings support the view that micro places generally have stable concentrations of crime events over time. However, we also find that a relatively small proportion of places belong to groups with steeply rising or declining crime trajectories and that these places are primarily responsible for overall city trends in crime. These findings are particularly important given the more general decline in crime rates observed in Seattle and many other American cities in the 1990s. Our study suggests that the crime drop can be understood not as a general process that occurred across the city landscape but one that was generated in a relatively small group of micro places with strong declining crime trajectories over time.