TARGETED ENFORCEMENT AND ADVERSE SYSTEM SIDE EFFECTS: THE GENERATION OF FUGITIVES IN PHILADELPHIA*

Research on targeted enforcement in high‐crime places has focused on direct crime‐reduction impacts, possible displacement of crime, and more recently, diffusion of benefits to adjacent areas. Studies have ignored other unanticipated negative effects that a place‐oriented enforcement intervention may have on the justice system overall. Using the generation of fugitive defendants as one possible example of an important system side effect, this study proposes hypotheses relating to adverse, generalized, system side effects of a place‐ and crime‐focused intervention, and it tests for target area and targeted crime‐type effects, nontarget area and nontargeted crime‐type effects, and overall system effects. The analysis employs a multiple interrupted time‐series design [auto‐regressive integrated moving average (ARIMA)] to test the impact of one widely publicized, geographically targeted drug‐enforcement strategy in Philadelphia (Operation Sunrise, formally launched in June 1998) on the incidence of bench warrants as a measure of fugitives (weekly aggregate bench warrants series for the period January 1994–May 2005; N= 590 observations). The findings appear to support all hypotheses as they relate to the example of the generation of fugitives, and suggest a generalized system adverse side effect from the circumscribed place‐ and crime‐focused intervention. The implications of the findings for both research and policy relating to targeted enforcement interventions are discussed.     

Examining Prosecutorial Discretion in Federal Criminal Cases: Legal and Extra-Legal Determinants of Declination and Charge Change Decisions

Abstract

From 2000 to 2010, the federal criminal caseload increased roughly 50% with a large portion of this increase attributed to the rise in immigration prosecutions. These changes coupled with recent Supreme Court decisions rendering the guidelines advisory have renewed calls for research examining prosecutorial discretion, particularly with respect to the influence of legal and extralegal factors on charging and bargaining decisions. This study utilizes data (2002–2010) from the Federal Justice Statistics Program database housed within the National Archive of Criminal Justice Data (NACJD). More specifically, the current research examines prosecutorial decisions to decline to charge federal arrestees and to make any changes to the charge from the arresting offense. Results from the multilevel, multivariate models reveal that both extra-legal and legal factors were influential of these decisions. Disaggregated models also revealed considerable variation across different offense types. Finally, districts with higher caseloads had lower odds of a prosecutorial declination and charge change.     

Extradition on the Two Sides of the Atlantic: The U.S. Model as Blueprint for the European Arrest Warrant?

This article compares the EU’s enhanced extradition model, in the form of the European Arrest Warrant, with the more mature American interstate extradition mechanism. The US Constitution’s Extradition Clause mandates interstate extradition and, after a slow start-up, has led to a smooth and obligatory procedure. In the EU, the European Arrest Warrant, based on the principle of mutual recognition, has made a number of significant changes to traditional extradition and has simplified extradition between EU member states. Yet, it does not operate without problems and the first decade has revealed what the difficulties with extradition on the basis of mutual recognition are. The comparison with the US seeks to draw lessons from the US experience. The main finding is that in a number of areas the US example can direct the EU toward further improving its extradition scheme, while at the same time it is not realistic to expect that the EU will achieve a similar degree of harmony as in the US, required for an obligatory extradition scheme. The article argues that it is important to recognise these limits in order to make the European Arrest Warrant a success.     

Legal,Extra-Legal,and Organizational Factors in the Disposition of Juveniles

This paper examines the effect of legal, extra-legal, and organizational factors on the processing of delinquents in selected California counties. A brief review of each perspective is given followed by a discussion of the data base and variables included in the analysis. Overall, bivariate relationships stress the importance of legal compared to extra-legal characteristics. The analysis also reveals clear evidence of the importance of organizational differences in juvenile court processing. Multivariate analysis revealed few differences in this pattern with the exception of “race” where some degree of interaction was found to exist when controls for offense were introduced. An analysis of covariance model shows that case sequence, county, and referral source were the most important predictors of case outcome.     

An Examination of the Influence of Strength of Evidence Variables in the Prosecution’s Decision to Dismiss Driving While Intoxicated Cases

The majority of research examining prosecutorial discretion has focused on legal factors such as the seriousness of the offense or the extra-legal characteristics of the accused including race/ethnicity and gender. The amount of variance explained by court researchers, however, remains quite low. The present study extends previous research examining the primary determinants of prosecutor??s decision to dismiss or fully prosecute focusing on driving while intoxicated cases. We focus on the predictive contribution of the strength of evidence relative to legal and extra-legal variables. The data consist of 2,358 driving while intoxicated cases filed in Harris County, Texas during the first 8?months of 1999. The findings strongly support the inclusion of strength of evidence variables in court research and further suggest their past omission may have attributed significance to spurious relationships.     

Situational and officer-based determinants of police coercion

Using data collected as part of an observational study of the police in Indianapolis, Indiana, and St. Petersburg, Florida, this article examines police use of force to gain a better understanding of why the police resort to force. Like analyses from previous observational studies, the present inquiry borrows from both sociological and psychological theoretical orientations to explore various determinants of force. Unlike previous examinations, the universe of behaviors considered is substantially expanded to include numerous types or levels of force, ranging from verbal commands and threats to the use of impact methods. An ordered probit analysis of 3,116 police-suspect encounters shows that officers often respond to legal stimuli (e.g., suspects' resistance, safety concerns) when applying force. Countering previous findings, it found that officers were not more coercive toward disrespectful suspects. However, the analysis revealed that officers were also influenced by extra-legal factors. Male, nonwhite, poor, and younger suspects were all treated more forcefully, irrespective of their behavior. In addition, encounters involving inexperienced and less-educated officers resulted in increased levels of police force. The implications of these findings, for both policy and future research, are considered.     

The Power of Mercy: Amnesty Policies in Fugitive Cases in the Qing Dynasty

A new statute, “Hiding New and Old Fugitive Slaves of Manchus,” was added to the first version of the Qing code in 1647, and this statute surprisingly regulated that any offenders would be excluded from any amnesties. This is especially noteworthy because, according to both Ming and Qing codes, only severe crimes, such as treason and rebellion, were excluded from any amnesties. Previous scholars have not considered why the statute excluded any amnesties, nor have they analyzed how this amnesty policy was implemented in practice. This article contends that the exclusion did not arise from Manchu tradition. Instead, it was an exceptional response to the norms of amnesties in the Ming and Qing codes. Because the fugitive problem, involving slaves of Manchus fleeing from the banner system, endangered Manchus’ interests, the Qing court was compelled to exclude fugitive criminals from amnesties. However, the Qing court did not strictly apply the amnesty policy of this statute. Criminals in fugitive cases were sometimes pardoned because of amnesties during the Dorgon regency period. Dorgon, Shunzhi, Oboi, and Kangxi all initially excluded those harboring fugitives from amnesties, but later changed their amnesty policies in this regard. Even though the crime of harboring fugitives became a permanent symbol of Manchu rule and was recorded in every emperor’s enthronement edict from Kangxi to Xuantong, the Qing court gradually came to accept norms concerning amnesties as practiced in Han society and treated fugitive cases as ordinary court cases during and after the Kangxi emperor’s reign.     

Patterns of discrimination in assessments of the death penalty: The case of Louisiana

This work contributes to a growing body of literature by analyzing patterns of capital punishment sentencing in Louisiana during the post-Furman era. The specific focus of the study was to determine whether patterns of discrimination by race continue to persist. A logit model was utilized with data consisting of 504 cases of homicide eligible for capital punishment, fifty-three of which had been assigned the death penalty. Results indicated that a pattern of discrimination by race of victim, but not by race of offender, existed, even when a number of legal and extra-legal factors were controlled. In addition, an effect for sex of the victim was noted. Another pattern found, that of capriciousness, is also discussed.     

Locating extra-legal activities of the modern state in legal-political theory: Weber,Habermas, Kelsen,Schmitt and Turk

This article is concerned with deviations from legal functioning of the modern state, which is supposedly grounded on legal structure, but may conduct extra-legal activities. In this article, special focus is directed to certain extra-legal activities of the following modern states: the Susurluk Affair in Turkey, the Iran-Contra Affairs of the USA, GAL in Spain, the Gibraltar Killings committed by UK soldiers, and enforced disappearances in Argentina. These cases are interpreted from the points of view of Max Weber’s and Jürgen Habermas’s theories of the rule of law, Hans Kelsen’s legal positivism, Carl Schmitt’s theories of the political and sovereignty, and Austin Turk’s theory of political criminality. Our purpose, then, is to evaluate these theories vis-à-vis the cases of extra-legal activities of the state.

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New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

Recording of offences on police domestic violence call outs

ABSTRACT

Due to new legislation passed in 2011, Finnish police have been legally obligated to record and investigate all assaults, including petty assaults, occurring in close relationships. Referred to as domestic violence (DV), these assaults can be prosecuted even without victim consent. Much like pro- and mandatory arrest policies, this reform was aimed at decreasing victim and police discretion, based on the assumption that recording and preliminary investigation of every DV incident would help prevent further violence. Comparison between police call outs and the number of offences indicate that in reality not every DV incident is recorded. Using Police and Emergency Call Database data merged with 410 police officer survey responses, the current study presents the first empirical results on legal and extra-legal factors associated with recording DV as an offence in Finland. Factors explaining non-recording are discussed based on police officers’ free-text comments, and implications for policy and practice are presented.     

Producing race disparities: A study of drug arrests across place and race*

In studies of race disparities in policing, scholars generally employ quantitative methodologies with the goal of determining whether race disparities exist or, in fewer instances, of ruling out correlates. Yet, lacking from theoretical and empirical efforts is an elucidation of how and why on‐the‐ground policing produces race disparities that are justified in legal, race‐neutral terms. To address this knowledge gap, I analyze officers’ self‐reported accounts of their enforcement activities, justifications, and decision‐making in a representative sample of 300 official reports of drug arrests made in St. Louis from 2009 to 2013. These accounts are analyzed across neighborhood racial contexts and arrestee race, revealing important differences that help illuminate the race disparity problem. Unlike drug arrests in White neighborhoods or of White citizens that primarily stem from reactive policing, drug arrests in Black and racially mixed neighborhoods and of Black citizens result from officers’ greater use of discretionary stops based on neighborhood conditions, suspicion of ambiguous demeanor, or minor infractions. During such stops, officers’ discovery of drug possession often results from discretionary Terry frisks or searches incident to arrests for outstanding bench warrants. These findings fill important theoretical and empirical gaps and have implications for reforms toward racially just policing.     

The role of victim characteristics in the disposition of murder cases

Using data from prosecutors' files in a sample of 33 U.S. counties, we examine how victims' conduct and victims' demographic characteristics affect the disposition of murder cases at various stages of the criminal justice process. We find that victims' age and past conduct do not significantly influence legal outcomes in murder cases, but their race, gender, and conduct at the time of the incident do so. Although these effects vary across the criminal justice decision-making stages considered, they generally are consistent with the claim that killings of disreputable or stigmatized victims tend to be treated more leniently. We also find some evidence that the effects of victim characteristics are stronger in jury proceedings than in bench proceedings, and that the influence of a victim's race on the disposition of murder cases is conditioned by the racial composition of the county in which the case is processed.     

Predicting Pre-Adjudicatory Detention Decisions

Abstract

Findings from studies examining the impact of legal and extralegal characteristics in determining pre-adjudicatory detention within the juvenile justice system have been inconsistent. Logistic regression was used to examine the independent, and interaction, effects of certain legal and extralegal factors in the decision to detain juveniles in counties in two Northeastern states. The results suggest race continues to exert a significant effect on detention decisions when controlling for various legal and extralegal/nonlegal factors.     

Sentence length: Interactions with race and court

Sentencing research tends to focus on two questions. First, do some categories of offenders receive substantially different sentences than do other categories of offenders, for the same or similar offenses? Second, do some courts give substantially different sentences, when compared to other courts, for the same or similar offenses? Focusing on these questions, researchers have typically examined the impact of three types of variables on either sentence length or sentence type: defendant status variables (e.g., race, education), extra-legal process factors (e.g., court, plea), and legal factors (e.g., seriousness of offense, prior convictions). Study results have been contradictory and inconclusive.The problem with sentencing studies is that only main effects are examined. A more appropriate model is one that contains the interactions between the defendant's race (black/white) and the other independent variables, and the interactions between the court's locale (urban/rural) and the other independent variables.Using data collected in 1978 on 412 male prisoners in Maryland, four interaction terms were found to contribute to an understanding of sentencing decisions. It was found that blacks received longer sentences than whites, net of all other variables. However, whites received lengthier sentences for more serious offenses. In comparison to blacks, whites received lengthier sentences when they used more court resources. It was found that rural jurisdictions give lengthier sentences than urban jurisdictions, net of all other variables. However, in comparison to rural courts, urban courts give lengthier sentences when the defendant uses more court resources. More serious offenses receive lengthier prison terms in rural, as compared to urban, courts.     

Distinguishing Race Effects on Pre-Trial Release and Sentencing Decisions

Racial disparities in court dispositions and sentences might reflect systemic biases toward minorities, but they might also stem from race group differences in legal or other extra-legal factors linked to a defendant’s risk for future criminality. Analyses of over 5,000 felony defendants from an urban Ohio jurisdiction revealed that significant main effects of a defendant’s race on release on one’s own recognizance (ROR), bond amounts, and prison sentences were rendered nonsignificant when controlling for legal factors, such as offense severity. Analyses of interaction effects, on the other hand, revealed that African American males age 18–29 experienced lower odds of ROR, higher bond amounts, and higher odds of incarceration in prison relative to other demographic subgroups, even with the inclusion of rigorous controls for legally relevant criteria. The relevance of these findings for understanding disparate treatment at different stages of case processing is discussed.     

Courtroom Context and Sentencing

This study provides an evaluation of the major policy shift in sentencing practices over the past half-century – namely the shift from indeterminate to determinant sentencing policies and the use of sentencing guidelines. The theoretical literature on courtroom organization and focal concerns informs this evaluation of determinate sentencing practices in Florida. Drawing from prior theoretical and empirical research, hierarchical linear and generalized linear models are estimated to assess courtroom effects on individual level sentencing outcomes. The findings document that location matters when sentenced in Florida. Specifically, the likelihood of being sentenced to prison and the length of sentence varies across counties, even after controlling for individual case and offender characteristics and a variety of contextual characteristics. Additionally, the influence of legal and extra-legal factors on prison in/out and sentence length decisions varies significantly across counties. Several court characteristics, including court size, caseload pressure and trial rate assert direct influence on a county’s likelihood of prison in/out and mean sentence length decisions.

     

Blacks,self-esteem,and delinquency: It's time for a new approach

For decades, sociology and social psychology has debated the nature of self-esteem and its role in determining behavior. More recently, race has been added to the mixture, as social scientists have sought to explain black self-esteem and the involvement of black youth in delinquency. The article reviews a number of studies to explore the relative importance of race as an explanatory factory. Questions of the validity of prior measures of self-esteem are raised, especially where racial comparisons of self-esteem and delinquency were made. This article identifies various conceptual and methodological problems inherent to studies of race, self-esteem, and delinquency. In doing so, distinctions are made among personal and group identity measures of self-esteem in an effort to further the cause of research in this area.     

The ‘Usual Suspects’

Abstract

A key issue in contemporary criminology is the role that social status, and particularly race, plays in legal processes. Previous research suggests that criminal justice proceedings-including arrest, conviction, and sentencing rates-are influenced by victim and offender race, but rarely examines the role of race in reporting events to the police. The following research uses data from the rape sub-sample of the National Crime Victimization Survey of households 1992-2001; logistic regression analyses are conducted to determine how victim and offender race influence reporting of rape to the police, controlling for other incident characteristics. The findings suggest that rapes with a Black perpetrator are much more likely to be reported to police, regardless of whether the victim is white or Black.