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.     

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.     

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.     

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.     

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.     

Differentiating among racial/ethnic groups and its implications for understanding juvenile justice decision making

Both theory and research have been refined to gain a better understanding of when race and ethnicity matter in justice proceedings. In the present research, this line of inquiry was continued by differentiating among minority youth to assess the extent being African American, Native American, and Asian American influenced juvenile justice decision making and how these effects compared to one another and Whites. Utilizing an interpretation of the symbolic threat thesis that emphasizes stereotyping, the authors anticipated Native Americans to be responded to more severely than African Americans, followed by Asian Americans who were anticipated to be responded to more like Whites. The results indicated partial support for these expectations.     

几类常见钥匙被增配使用后在母匙上形成痕迹的检验方法

目的研究几类常见钥匙增配痕迹特征分布。方法用光学显微镜观察钥匙的增配痕迹。结果几类钥匙的增配痕迹能够观察到。结论通过检验不同种类钥匙上的痕迹特征可以确定是否为增配使用痕迹。     

Putting race into context: Race,juvenile justice processing,and urbanization

In this article, we examine differential sentencing patterns among black, Hispanic, and white juveniles and the context in which those decisions are made. Using a bivariate probit model, we show that juveniles living in urban counties are more likely to be referred to juvenile court, and that juveniles living in a single-mother household are more likely than juveniles living with both parents to be referred to court and to receive secure placement. Race-specific models indicate that black youths are likely to receive harsh treatments in urban courts; yet white youths are not treated differently on the basis of court location. In addition, living in a single-mother household is a disadvantage for white youths when they are referred and sentenced, but family status is not a determinant for black youths.     

Law students' trust in the courts and the police

Law students prepare for a legal career and it is therefore of general interest, how much trust they have in the police and the courts. Their views may be influenced by their studies, media consumption, direct experience and other factors. In a previous study it appears as if law students are becoming more critical over the course of their studies. This explorative questionnaire study compares the views of 2012 final year undergraduate law students with the answers the same cohort gave in 2010, when starting their studies, and with final year law students 2010. Contrary to our expectation, the final year law students of 2012 showed more trust in courts and police than their predecessors 2010. The data suggest that the study of law, personal experiences and those of family and friends, as well as media effects are among the factors forming trust in the institutions.