Sentence disparity in the federal courts and the adoption of sentencing guidelines

Pressure in the 1970's to reform the sentencing process can be attributed to a change in perceived public sentiment regarding the utility of treatment and to the belief that sentencing disparity was a severe problem in the sentencing process. Primary reform occurred in the federal judicial system with the development and implementation of rigorous sentencing guidelines. An evaluation of sentencing patterns for one federal judicial district indicates that sentencing disparity was not severe. Most federal offenders are relatively mild and consistently receive relatively mild sentences.     

Judicial discretion and sentencing disparity in adult felony courts in Israel

This study focuses on a series of legal, extralegal, and systemic variables presumed to affect the workings of criminal-justice systems. These variables are employed first to analyze the decision of the court to refer defendants for presentence investigation when such a referral is not mandatory, then to examine how these referrals, once made, influence disposition. The relationship of legal representation to disposition is also explored.The findings contradict conventional wisdom regarding the advantages to defendants of legal representation and of presentence reports. Lawyers do not appear to influence either referral or sentencing. The presentence reports are requested by judges seeking to individualize their sentencing decisions, but this process of individualization is as likely to result in harsher sentences as in greater leniency.     

Racial and ethnic disparity in pretrial criminal processing

This study uses data on the processing of felony defendants in large urban courts to analyze racial and ethnic disparities in pretrial processing. There are three major findings. First, racial disparity is most notable during the decision to deny bail and for defendants charged with violent crimes. Second, ethnic disparity is most notable during the decision to grant a non‐financial release and for defendants charged with drug crimes. Third, when there is disparity in the treatment of Black and Latino defendants with similar legal characteristics, Latinos always receive the less beneficial decisions. These findings are consistent with the theoretical perspective offered, which suggests that stereotypes influence criminal processing when their specific content is made salient by either the concerns relevant to a particular processing decision or the crime type of a defendant’s primary charge.     

Disproportionate minority contact in the juvenile justice system: An investigation of ethnic disparity in program referral at disposition

Historically, minority youth have experienced harsher punishments and more negative outcomes than White youth even when risk assessment is used. The current study investigated the role of ethnicity in an understudied dispositional decision–program referral–and the outcomes associated with said referral using a sample of juvenile offenders (N = 2,678). The study used the Youth Level of Service/Case Management Inventory (YLS/CMI) to determine (1) if ethnicity predicted program referral when accounting for risk assessment and (2) if program referral predicted recidivism. Results indicated that ethnicity predicted program referral, and program referral predicted recidivism. Future directions for Disproportionate Minority Contact (DMC) research and implications for court officials are discussed.     

Developmental incompetence to stand trial in juvenile courts

Juveniles' competency to participate in delinquency proceedings has received increased attention in recent years. Developmental incompetence, whereby juveniles' incompetency is based upon their immaturity, as opposed to a mental disorder or developmental disability, is an evolving and important aspect of this area of law. The following paper reviews theories used to support the notion of developmental incompetence, as well as the extant empirical research on juveniles' competency-related abilities. Using a LexisNexis search, statutory and case laws pertaining to juvenile competency were identified across the 50 states and the District of Columbia. Only six states clearly allow developmental incompetence, whereas 17 have laws that do not include developmental immaturity as an acceptable basis of incompetence in juvenile courts. Developmental incompetence is likely to affect a relatively small proportion of juvenile cases, but has important implications for juvenile forensic practice. Recommendations are offered for forensic practitioners conducting this type of evaluation.     

Achieving justice for children: public defenders in Israel's juvenile courts

In 1999, public defender (PD) representation of defendants appearing before Israel's juvenile courts began to be phased in. This article reports some of the major findings of a study that examined the impacts of the introduction of PDs. Analysis of interviews with 14 PDs yielded four major themes concerning the impact of the "arrival" of PDs, nature of the court, PDs' role, and PDs' interactions with other court actors. Analysis of interviews with eight prosecutors yielded seven themes concerning the need for PDs, PD as state agent, PDs' role, harms of legalization, disruption of the court, compromising the therapeutic value of the court hearing, and changes in court process. More generally, both PDs and prosecutors placed uncritical store in the value of rehabilitation alternatives. Indeed, the welfare model continues to shape their roles. The findings can largely be explained in terms of Eisenstein and Jacob's courtroom workgroup model.     

Untangling race and class effects on juvenile arrests

This study employed a synthesis of conflict and labeling theory to reexamine the often observed links between race, social class, and arrest. Using longitudinal data on a representative sample of U.S. teens, random effects negative binomial regressions detected direct and indirect effects of race and class on arrest. In support of main effects hypotheses, racial minority status and low SES increased arrests, controlling for demographic and legal items. Consistent with research on “out of place” effects for minority youth in high SES contexts, and counter to expectations, interactions showed that racial minority status increased arrest risk for high SES youth significantly more than it did for low SES youth. Somewhat reminiscent of research on the “Latino paradox,” the effect of minority status on arrest at low-income levels did not exert the same interactive effect for Hispanics as it did for Blacks. Implications for theory, policy, and future research are discussed.     

Procedural justice at German courts as seen by defendants and juvenile prisoners

The article summarizes German research on procedural and distributive justice at criminal courts. The first German field studies addressing these topics are presented. Procedural justice characteristics like neutrality, courtesy, equal consideration of evidence, voice, and fairness of procedural rules are relevant for Germans. A study on juvenile prisoners shows no support for equity theory and some for the Group Value model. Lay assessors receive positive evaluations by juvenile prisoners.     

The color of confinement: examining youth exoneration decisions and the critical race theory

Abstract

The critical race theory has been predictive of how minority youth are treated in the juvenile and criminal justice systems in the United States. However, the theory has not been applied in explaining the existence of wrongful convictions among juveniles. Using secondary data derived from the National Exoneration Registry, the purpose of this study is to identify specific factors (e.g., DNA evidence, etc.) related to the wrongful convictions of Black youth who have been exonerated. Compared to other racial categories, the results reveal that Black youth are more likely to experience wrongful convictions as a result of false confessions, faulty eyewitness identification, perjury, and official misconduct. Limitations, policy implications, and areas of further investigation are offered.     

Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention,conviction, and sentencing*

A significant body of literature has examined racial and ethnic inequalities in sentencing, focusing on how individual court actors make decisions, but fewer scholars have examined whether disparities are institutionalized through legal case factors. After finding racial and ethnic inequalities in pretrial detention, conviction, and incarceration based on 4 years of felony court data (N = 83,924) from Miami-Dade County, we estimate nonlinear decomposition models to examine how much of the inequalities are explained by differences in criminal history, charging, and for conviction and incarceration, pretrial detention. Results suggest that inequality is greatest between White non-Latinos and Black Latinos, followed by White non-Latinos and Black non-Latinos, ranging from 4 to more than 8 percentage points difference in the probability of pretrial detention, 7–13 points difference in conviction, 5–6 points in prison, and 4–10 points difference in jail. We find few differences between White non-Latinos and White Latinos. Between half and three-quarters of the inequality in pretrial detention, conviction, and prison sentences between White non-Latino and Black people is explained through legal case factors. Our findings indicate that inequality is, in part, institutionalized through legal case factors, suggesting these factors are not “race neutral” but instead racialized and contribute to inequalities in court outcomes.     

Citizens’ perceptions of the courts: The impact of race, gender, and recent experience

This study examined the influences of race, gender, and recent court experience on citizens’ perceptions of the courts in their communities. Using national survey data collected in 2000, this research assessed variation in perceptions of the courts along four dimensions: differential treatment, fair procedure and outcome, concern and respect, and overall evaluation. The results showed that racial minorities, including Blacks and Latinos, were more likely than Whites to have negative attitudes toward the courts. While race is generally a better predictor than gender, the interaction between gender and race is important in understanding citizen’s perceptions of the courts. Citizens who have recent personal contact with the courts tend to rate the courts less favorable than those who have no recent contact. Citizens’ opinions of the police and equal opportunity are also significantly related to their perceptions of the courts. Implications for policy and future research are discussed.     

Investigating perceptions of race and ethnic diversity among prospective police officers

Many have suggested police diversity will improve police-community relations, but research testing this hypothesis is inconclusive. We investigated perceptions of police race, ethnicity, and diversity in a heterogeneous sample of prospective police officers. Data are drawn from interviews with 42 criminal justice college students in the Southwestern United States, of which 15 were Hispanic, and who each wanted to become a police officer. Participants supported diversity in policing, and collectively expressed a belief that race plays a central role in policing today. Furthermore, participants expressed support for the ideals of both passive and active representative bureaucracy. Hispanics in the sample in particular anticipated they would positively affect police relations in Hispanic neighborhoods and encourage immigrants to cooperate with police.     

Crime and mental disorders among native Dutch and ethnic minority juvenile defendants in the Netherlands

We examined the prevalence of mental disorders and the recommendations regarding criminal responsibility and treatment in pre-trial mental health evaluations requested by Dutch juvenile courts for youths between the ages of 12 to 17. Youths of native Dutch (n = 2694) and of ethnic minority background (n = 1393) were compared. The prevalence of mental disorders was similar for both groups (76.8% versus 74.4%). Criminal responsibility in native Dutch youth was more often considered ‘diminished’ or ‘strongly diminished’ than in ethnic minority youth. Admission to a juvenile institution was more often recommended for ethnic minority juveniles than for native Dutch juveniles. It remains unclear from our data whether these differences reflect a false stereotype of ethnic minority populations as being more dangerous and threatening.     

New methods for examining expertise in burglars in natural and simulated environments: preliminary findings

Expertise literature in mainstream cognitive psychology is rarely applied to criminal behaviour. Yet, if closely scrutinised, examples of the characteristics of expertise can be identified in many studies examining the cognitive processes of offenders, especially regarding residential burglary. We evaluated two new methodologies that might improve our understanding of cognitive processing in offenders through empirically observing offending behaviour and decision-making in a free-responding environment. We tested hypotheses regarding expertise in burglars in a small, exploratory study observing the behaviour of ‘expert’ offenders (ex-burglars) and novices (students) in a real and in a simulated environment. Both samples undertook a mock burglary in a real house and in a simulated house on a computer. Both environments elicited notably different behaviours between the experts and the novices with experts demonstrating superior skill. This was seen in: more time spent in high value areas; fewer and more valuable items stolen; and more systematic routes taken around the environments. The findings are encouraging and provide support for the development of these observational methods to examine offender cognitive processing and behaviour.     

Do individual factors and neighborhood context explain ethnic differences in juvenile delinquency?

Individually measured factors and neighborhood context were related to juvenile delinquency in a community sample of 506 urban, public-school boys. Neighborhood context was measured with an objective, census-based score that classified neighborhoods as underclass or not underclass. When African American youths and white youths were compared without regard to neighborhood context, African American youths were more frequently and more seriously delinquent than white youths. When African American youths didnot live in underclass neighborhoods, their delinquent behavior was similar to that of the white youths. Hierarchical multiple regression analyses showed that boys' hyperactivity and parental supervision were the strongest correlates of delinquency. Single-parent status and poverty/welfare use were not related to delinquent behavior. Once individually measured factors were accounted for, residence in underclass neighborhoods was significantly related to delinquent behavior while ethnicity was not. This study points to the importance of including the neighborhood context when addressing the social problems of African American youths.