AGE AND SEXUAL ASSAULT IN CORRECTIONAL FACILITIES: A BLOCKED OPPORTUNITY APPROACH*

We use data from the National Incident‐Based Reporting System (NIBRS) to examine the effects of age on the risk of sexual and physical assault in prisons and jails. Our evidence suggests that male inmates of all ages tend to sexually assault young men. The preference for the young is much stronger for sexual than for physical assault, which suggests that the young are sexually assaulted because of their sexual attractiveness rather than because of their vulnerability. We argue that the strong relationship between sexual attractiveness and age reduces opportunities for consensual sex among older inmates. As a result of blocked opportunities for consensual sex, older men are much more likely to commit sexual assault than one would expect, given the general tendency of young men to be more violent. Thus, the age–attractiveness relationship can parsimoniously explain the contrasting age patterns one observes for offenders and victims.     

CRIMINALITY, PROSECUTORIAL SCREENING, AND UNCERTAINTY: TOWARD A THEORY OF DISCRETIONARY DECISION MAKING IN FELONY CASE PROCESSINGS

This research contributes to a further understanding of the process of criminalization by examining case information that affects prosecuting attorneys' decision to continue felony prosecution following grand jury indictment. It is suggested that prosecuting attorneys, like other decision makers in organizations engaged in people-processing activities, are confronted with uncertainty emerging from an inability to unilaterally exercise control over all actors involved in the transformation process. By relying on a self-imposed decision criteria of prosecutorial merit defined as the likelihood of obtaining a jury trial conviction, prosecutors attempt to impose a "bounded rationality" on the exercise of discretion in screening decision making. This rationality is one that is sensitive to concerns for effective management of victims and witnesses. It is argued that information relevant to victim/witness credibility and/or cooperation in prosecution is brought to bear in deciding prosecutorial strategies of case processing. Therefore, it is hypothesized that, controlling for legal and extralegal variables, case information that decreases uncertainty concerning victim/witness management will increase the probability of continued prosecution. Support is found for this uncertainty avoidance thesis. In addition, the data indicate that prosecuting attorneys are less likely to continue prosecution of cases involving female defendants and are more likely to continue prosecution of defendants whose bail outcome includes financial conditions for release.     

JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*

The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.     

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.     

LABELING,LIFE CHANCES,AND ADULT CRIME: THE DIRECT AND INDIRECT EFFECTS OF OFFICIAL INTERVENTION IN ADOLESCENCE ON CRIME IN EARLY ADULTHOOD*

Scholars have recently revitalized labeling theory as a developmental theory of structural disadvantage. According to this approach, official intervention increases the probability of involvement in subsequent delinquency and deviance because intervention triggers exclusionary processes that have negative consequences for conventional opportunities. The theory predicts that official intervention in adolescence increases involvement in crime in early adulthood due to the negative effect of intervention on educational attainment and employment. Using panel data on urban males that span early adolescence through early adulthood, we find considerable support for this revised labeling approach. Official intervention in youth has a significant, positive effect on crime in early adulthood, and this effect is partly mediated by life chances such as educational achievement and employment.     

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.     

SENTENCING REFORM AND THE CORRECTIONAL SYSTEM: A Case Study of the Implementation of Minnesota's Determinate Sentencing Law

In recent years, various determinate sentencing models have been proposed to promote equity in sentencing and prisoner release certainty. This article examines the implementation of Minnesota's determinate sentencing law as it relates to prisoners and the state correctional system, It reviews the extent of the reform's success in achieving predictability in prisoner release dates and equity in sentencing. Organizational, political, and transitional problems in the implementation of the determinacy concept are discussed. In particular, resistance to change among parole board and correctional treatment staff members and a prisoner movement for retroactivity are highlighted. Conditions that could lead to replications of Minnesota's experience in other states are reviewed.     

LIFESTYLE,RATIONAL CHOICE,AND ADOLESCENT FEAR: A TEST OF A RISK‐ASSESSMENT FRAMEWORK*

Criminological research on fear of crime primarily has been based on, and supportive of, an opportunity framework. The current research tests an expanded risk‐assessment model of fear, which is rooted in an opportunity framework, by incorporating a measure of delinquent lifestyle, which is a known risk factor for victimization, using a sample of youth aged 10–16 years. The findings from longitudinal structural equation models do not support the applicability of a risk‐assessment model of fear in adolescence. Namely, although increased involvement in a delinquent lifestyle is associated strongly with an increase in victimization over time, no such association exists with the perceived risk of victimization. Most importantly, as adolescents become more involved in a delinquent lifestyle and are victimized at a higher rate than nondelinquent youth, their fear of victimization actually decreases at a significantly higher rate than more prosocial youth.     

RELIGION AND CRIME REEXAMINED: THE IMPACT OF RELIGION,SECULAR CONTROLS,AND SOCIAL ECOLOGY ON ADULT CRIMINALITY*

Since Hirschi and Stark's (1969) surprising failure to find religious (“hellfire”) effects on delinquency, subsequent research has generally revealed an inverse relationship between religiosity and various forms of deviance, delinquency, and crime. The complexity of the relationship and conditions under which it holds, however, continue to be debated. Although a few researchers have found that religion's influence is noncontingent, most have found support—especially among youths—for effects that vary by denomination, type of offense, and social and/or religious context. More recently the relationship has been reported as spurious when relevant secular controls are included. Our research attempts to resolve these issues by testing the religion-crime relationship in models with a comprehensive crime measure and three separate dimensions of religiosity. We also control for secular constraints, religious networks, and social ecology. We found that, among our religiosity measures, participation in religious activities was a persistent and noncontingent inhibiter of adult crime.     

STRUCTURAL INEQUALITY AND HOMICIDE: AN ASSESSMENT OF THE BLACK‐WHITE GAP IN KILLINGS*

This paper examines the relationship between race and violent crime by directly modeling the racial gap in homicide offending for large central cities for 1990. We evaluate the role of black‐white differences in aspects of both disadvantage and resources in explaining which places have wider racial disparities in lethal violence. The results show that where residential segregation is higher, and where whites' levels of homeownership, median income, college graduation, and professional workers exceed those for blacks to a greater degree, African Americans have much higher levels of homicide offending than whites. Based on these results, we conclude that the racial homicide gap is better explained by the greater resources that exist among whites than by the higher levels of disadvantage among blacks.     

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.     

UNEMPLOYMENT AND PROPERTY CRIME: A TARGET‐SPECIFIC ASSESSMENT OF OPPORTUNITY AND MOTIVATION AS MEDIATING FACTORS*

Most recent unemployment‐crime (U‐C) research is informed by the possibility that unemployment could both increase motivation for crime and decrease criminal opportunities. The mediating links of motivation and opportunity, though often assumed, have almost never been measured. We directly test for the potential mediating effects of opportunity and motivation using county‐level data for target‐specific crime rates such as convenience store robberies, motorcycle thefts, etc. We link these with data on the supply and value of corresponding crime targets (e.g., number and annual sales of convenience stores). Opportunity levels were generally unrelated to property crime rates and do not appear to mediate the U‐C relationship.     

THE IMPACT OF FAMILY STRUCTURE AND QUALITY ON DELINQUENCY: A COMPARATIVE ASSESSMENT OF STRUCTURAL AND FUNCTIONAL FACTORS*

Despite the plethora of studies of broken homes, multivariate studies comparing the effects of the broken home and other theoretically relevant measures of the quality of family life are rare. This study examines the family structure versus family function issue by testing the comparative effects on self-reported delinquency of family structure and jive measures of family function. Five types of delinquency are considered. The data were obtained from a 1980 survey of 152 high school students in a small midwestern town. Item analysis and data reduction techniques were employed to construct six family quality indices and jive delinquency indices. Two types of family structure were examined: presence of both biological parents in the home v. other and single- v. two-parent homes. Multivariate analyses controlled for the effects of age and gender. Bivariate tests of the relationships between broken homes and delinquency were not significant, except for a moderate relationship between broken homes and status offenses. In addition, a bivariate relation between single-parent homes and delinquency was observed for status offenses only. Other forms of family dysfunction all were significantly related to overall delinquency and to status offenses. Moreover, several measures of family quality evidenced significant bivariate relationships to property offenses. violent offenses, and drug offenses. The importance of the broken home was further diminished when the direct effects of broken homes and home quality were examined in multivariate tests. Regression equations showed home quality and gender, rather than family structure, to be the more important determinants of delinquency. The family structure coefficient was significant in only 1 of 10 tests, a regression of broken home and home quality on status offenses. Efforts to expand the analysis to identify specific areas of family dysfunction were unenlightening.     

THE CONCEPTUALIZATION OF DISCRIMINATION IN THE JUVENILE JUSTICE PROCESS: THE IMPACT OF ADMINISTRATIVE FACTORS AND SCREENING DECISIONS ON JUVENILE COURT DISPOSITIONS

Research on race, sex, and social class discrimination in the juvenile justice process has yielded mixed results. These conflicting findings have been attributed to the use of diverse research strategies and various methodological shortcomings. There are, however, two potentially important issues that have not been previously addressed: the need to examine the juvenile justice system as a process, rather than as a series of separate and unrelated decision points, and the failure to control for the impact of administrative factors such as pretrial detention. The purpose of the research reported here is to examine the impact of race, sex, and social class on juvenile court dispositions while controlling for pretrial detention and appropriate legal factors. The analytical strategy employed permits an examination of the impact of these factors over three stages of the juvenile justice process: referral, adjudication, and disposition.
Findings indicate that while legal factors and pretrial detention decline in importance as predictors of disposition as one moves from an examination of all referred to adjudicated youth, race and social class become more important. These results are discussed in terms of their methodological significance and their implications for the conceptualization of discrimination in the juvenile justice process.