Hidden Disparities: Decomposing Inequalities in Time Served in California, 1985–2009

While a large literature establishes the racial and ethnic disparities in sentencing, we know comparatively little about the role of race and ethnicity in prison release. Using data from the National Corrections Reporting Program contextualized in California's political and legislative atmosphere, this article explores the role of race and ethnicity in prison release between 1985 and 2009 by studying components of sentencing and release. Limiting the evaluation of disparities to sentencing or time served in prison at release may inadvertently mask racial and ethnic inequities in the judicial process because events and actors can introduce circumstances between sentencing and release from prison that ultimately influence time served. The analysis confirmed that the measures used at the time of sentencing do not provide enough information to determine the differential experiences of groups in the real amount of time served in prison.© 2014 Law and Society Association     

Immigrants’ interaction with the police in Finland: Is it distorted or inflammatory?

One enduring conflict area in police–minorities relations is the distrust of the police by minorities and consequently, the low level of confidence in the police among racial minorities. This stems from the impact of race in policing; and the perception that racial discrimination is a feature of criminal justice systems across the world has intensified. Moreover, race controversy is not new in police work. It is against this background that many police establishments are becoming increasingly frustrated by ethnic minority /immigrant allegations that they are being singled out as easy targets for police stop and search practices. In Finland, however, only little is known about immigrants’ views of police interaction, and perceptions of police discrimination in the country. Moreover, the police force in Finland may also be characterised by discriminatory mechanisms which are found in police institutions of other Western states where there has been more extensive research on the issue. The aim of the present study is to examine the attitude of immigrants toward the police by seeking to place the patterns of immigrants’ interaction with the police into context using their experiences as the basis of the analysis. The study also evaluates the impact of “ethnicity” in immigrants’ police experiences in our attempt to better understand how immigrants are subjected to stereotypical behaviour within the criminal justice system despite the fact that the police are tasked with carrying out their mandate to protect every citizen in the country. Thus, the interactions of immigrants with the police are our focus of analysis in our quest to understand new challenges brought about by the new immigrants in Finland. One thing is certain, however: police are not immune from racial conflict; as they continue to operate within our societies regardless of the ethnic composition of the country must be considered as a major policy issue of legal analysis. Therefore, the cultural and contextual nature of immigrants’ interaction with the police and the author's analysis will serve as the basis for assessing what may be required to ensure that discrimination is eliminated from the criminal justice system in the country.     

Exploring the consequences of prolonged pretrial incarceration: evidence from a local jurisdiction in the Philippines

Prolonged pretrial incarceration is a key issue facing the criminal justice systems of many developing countries. Detainees stay in jail for years while undergoing trial but are still unconvicted. However, little is known about the consequences of this troubling phenomenon. Informed by relevant prison and criminological theories, this paper analyses jail official data and qualitative interviews from detainees in a local jurisdiction in the Philippines to understand the magnitude and consequences of prolonged pretrial incarceration. Results suggest the emergence of a legally cynical view of the criminal justice system shared by the detainees. These sentiments likely serve as bases for popular opinions that justify use of violence and vigilante justice on offender populations. Implications on judicial and penal reforms in the Philippines are discussed.     

A Multilevel Test of Minority Threat Effects on Sentencing

Prior studies of criminal sanctioning have focused almost exclusively on individual-level predictors of sentencing outcomes. However, in recent years, scholars have begun to include social context in their research. Building off of this work—and heeding calls for testing the racial and ethnic minority threat perspective within a multilevel framework and for separating prison and jail sentences as distinct outcomes—this paper examines different dimensions of minority threat and explores whether they exert differential effects on prison versus jail sentences. The findings provide support for the racial threat perspective, and less support for the ethnic threat perspective. They also underscore the importance of testing for non-linear threat effects and for separating jail and prison sentences as distinct outcomes. We discuss the findings and their implications for theory, research, and policy.     

The masking of racial and ethnic disparity in police use of physical force: The effects of gender and custody status

The purpose of the present study was to examine racial and ethnic disparity in police use of physical force. Data from the Phoenix, Arizona Use-of-Force Project was used to assess disparity between White, Black, and Hispanic citizens. Racial and ethnic disparity in police use of physical force was found only for male citizens not in custody. The findings suggest that assessments of racial and ethnic disparity need to be situationally orientated in the theoretical meaning that race and ethnicity play in modern American society. Simple overall tests of disparity may not be adequate to understand and address the complex effects of race and ethnicity in the criminal justice system; thus, these disparities may lead to situations that further exacerbate already strained minority-majority relations in America.     

THE CENTRAL PLACE OF RACE IN CRIME AND JUSTICE—THE AMERICAN SOCIETY OF CRIMINOLOGY'S 2011 SUTHERLAND ADDRESS*

In the United States and elsewhere, racial and ethnic disparities in crime and criminal justice are relatively ubiquitous. Yet the meaning of such disparities is not well understood. To address this concern, periodically there have been calls for research that takes into account the broader structural context of the racially and ethnically inequitable crime and justice patterns. However, a comprehensive approach to understanding such inequality is seldom applied in research. In this article, I review findings from a program of research on crime across race–ethnic neighborhoods that I have undertaken with Lauren J. Krivo and other colleagues to provide, and assess, such a framework. The starting point of our approach is that ethnoracial inequality in neighborhood crime is an outgrowth of a racialized social structure maintained largely through racial residential segregation. As anticipated, the findings illustrate the value added from research that embeds its assessment of crime and justice within an understanding of structured societal inequality. From these results, I call for placing race and ethnicity at the center of the study of crime and justice.     

The historical criminal statistics of Finland 1842–2015 – a systematic comparison to Sweden

ABSTRACT

The purpose of the article is to provide an overview to the trends in crime and crime control in Finland and Sweden during the past 150 years, systematically comparing the two countries. The secondary objective of the study is to introduce a Nordic data collection project aiming to compile coherent comparative criminal justice time series from the early nineteenth century to the present, and to present the first collection of data, the Finnish justice statistics 1842–2015. The study examines the long-term development of homicide, assault, rape, defamation, prison population, and penal severity. Historical statistics provide opportunities to examine the crime trends and the society’s responses to them keeping in mind that the statistics do not necessarily reflect changes in total criminality. As such, the study does not provide conclusive explanations on the development of crime and punishment but rather opens new questions to be answered in future research.     

RACE AND PRISON VIOLENCE*

Data from 58 male institutions in the federal correctional system were used to test for racial differences in both violent and alcohol/drug misconduct, controlling for a large number of individual, prison environment, and community background variables. Because “structurally” the in-prison station of black and white inmates is essentially identical, the data provide a unique methodological opportunity to test deprivation versus importation models of prison adjustment as well as more encompassing structural versus cultural theories of violence. The major findings are that, net of controls, black inmates have significantly higher rates of violent behavior but lower rates of alcohol/drug misconduct than white inmates. These patterns parallel those of racial differences in the larger society. We interpret these findings as supporting the importation theory of prison adjustment and the subculture of violence thesis regarding high rates of black violence in the larger society.     

Police use of force: an examination of the minority threat perspective

The minority threat perspective suggests that the criminal justice system may be one mechanism through which the majority group (i.e. Whites) maintains control of culturally dissimilar minority groups. Although numerous studies have examined the relationship between minority representation and various policing outcomes, few have extended this research to police use of force in the context of stop-and-frisk practices. Using stop, question, and frisk data from the New York Police Department, this study examines (1) whether racial and ethnic composition influences police use of force, and (2) whether an individual’s race/ethnicity interacts with the racial/ethnic composition of a police precinct to produce disparities in police use of force. The results provide partial support for the minority threat perspective.     

论环境民事诉讼的地域管辖

环境民事诉讼涉及公共利益,其审理结果不能仅满足当事人的公正性要求,还应当满足社会的公正性要求,这要求环境民事诉讼实行专属管辖。虽然按照现行《民事诉讼法》,环境民事诉讼并不属于专属管辖的案件,但实质上已在实行专属管辖。在修改《民事诉讼法》时,应当对环境民事诉讼的地域管辖作出合理规定。     

Crossing Borders and Criminalizing Identity: The Disintegrated Subjects of Administrative Sanctions

This paper draws on in‐depth, qualitative interviews that examine individual experiences in two different legal contexts: deportation regimes and supermax prisons. Through putting these contexts and experiences into dialogue, we identify common legal processes of punishment experiences across both contexts. Specifically, the U.S. legal system re‐labels immigrants (as deportable noncitizens) and supermax prisoners (as dangerous gang offenders). This re‐labeling begins a process of othering, which ends in categorical exclusions for both immigrants and supermax prisoners. As individuals experience this categorical exclusion, they cross multiple borders and boundaries—often against their will—moving from prison to detention center to other countries beyond the U.S. border, and from isolation to prison to “free” society. In both cases, the state action that subjects experience as punishment is civil and, therefore, nominally not punitive. Ultimately, excluded individuals find themselves in a space of legal nonexistence. By examining these common processes and experiences, we argue that a new kind of subject is revealed: a disintegrating subject (as opposed to a juridical or disciplinary subject) whose exclusion reinforces the power of the state.     

Determinants of social distance in a prison environment

Social distance is defined as a measured distance of human feelings toward ethnic/racial groups, reflecting race relations and underlying potential for racial tensions. Knowledge of variables' effect on social distance should allow for better understanding those things which may enhance race relations, and decrease racial tensions. The relative importance of a number of variables effecting social distance in a maximum security prison are analyzed here. The data reported in this paper were gathered from a sample of inmates at Eastern New York Correctional Facility and demonstrate that educational level and religious affiliation had significant effects on the overall social distance score; number of times in prison was almost significant; and the variables race, place of residence prior to incarceration, age, and marital status had only minimal effects.     

Race,reintegration, and social capital in Singapore

Social capital, or the lack of, has variously been acknowledged as contributing to criminal and delinquent behavior among certain groups in society. It has rarely been employed to explain why ex-offenders are unable to break free from recalcitrant behavior and reintegrate into society. We argue that Indians and Malays, as racial minorities in Singapore and disproportionately represented in the prison and re-offending population, are significantly less likely to achieve reintegration than those who belong to the Chinese majority. Because Singapore is a highly racialized society, the effect of race on recidivism and rehabilitation is clearly identifiable. Understanding racial structuration by taking into account the differential impact of a hierarchically organized network of social relationships is central to this argument. For such vulnerable groups, social capital plays a critical role. The uneven distribution of ethnic capital restricts the ability of the Indians and Malays and enables the Chinese to achieve acceptance into the mainstream.     

Marginally discriminated: the role of outcome tests in European jurisdiction

For decades, racial profiling has been subject of intense debate in US jurisdiction. Recently, outcome tests based on economic models have contributed to the legal discourse. However, it is not readily obvious if and to what extent they also pertain to European jurisdiction, where racial profiling has only as of late stirred up controversy. In a comprehensive examination of their basic building blocks, this paper illustrates why the these tests are not particularly suited for the European case. The models are tailored to identify racial prejudice but are unfit to provide evidence of statistical discrimination, reflecting their adaption to the current US legal approach. A simple alternative test remedies this shortcoming and manages to inform the European jurisdiction.     

论完善对监狱行刑的监督

监狱是自由刑行刑的主要场所。基于刑罚的目的的二元性,监狱兼有惩罚与矫正的双重行刑目标。同时监狱行刑作为特殊的行政权力,具有被滥用的高危风险。为了完整实现行刑目的,保障服刑人员的权利,各国均对监狱的行刑权力设置了相应监督机制,对极易被滥用的行刑权力进行规制。在我国由于报应观念的深植和行刑个别化社会化色彩不强,尤需借鉴先进经验完善对监狱的监督,以确保罪犯改造的效果和行刑程序公正。     

国际刑事司法协助与引渡问题探析

刑事司法协助是国家关系的重要内容,是一国司法权的有效域外延伸,具有重要的外交价值和司法价值。开展刑事司法协助问题的研究,特别是建立我国现代引渡制度,对于打击跨国犯罪、引渡跨国犯罪、追究逃窜到国外罪犯的刑事责任、监控追缴赃款赃物等方面具有重要意义。目前,在我国现存的各种法律规范以及与外国签订的司法协助协定之中,缺乏切实可行的措施。为此,制定切实可行的引渡制度仍是任重而道远的法制任务。     

儒家孝义思想对传统中国国家司法主义的影响——以“复仇”制度为论域的思考

“复仇”制度作为宗法伦理社会的伴生物,孝义是其得以产生并持续存在的精神基础。离开了“孝”,“复仇”制度便不可能产生和长期存在下去。在对“复仇”的态度上,各朝代的统治者从一定程度的肯定到逐步的限制,到最后的明令禁止“复仇”。其态度的变化反映了儒家孝义思想与传统中国国家司法主义之间矛盾的日益凸显。虽然“复仇”制度在国家司法主义的挤压下活动的空间大大的萎缩,但对“复仇”制度禁而不止的现象却与封建社会相始终。在法治现代化进程中,破除“人情大过国法”的观念,除了在理论上进行宣传“法律至上”的观念,在全社会树立法律意识以外,更为根本的是加速我国社会从传统的农业社会向以市场经济为特征的工业社会的转型。     

A comparison of bail amounts for hispanics, whites, and african americans: A single county analysis

Using 1996 data on defendants accused of felony offenses derived from a district court in a Midwestern jurisdiction, the authors employ bivariate and multivariate analyses to examine for significant differences between Hispanics and other racial and ethnic groups in the dependent variable, bail amount set by judge. To predict differences in the bail amount set by judges for Hispanic and other defendants, the multiple regression controls for two independent “legal” variables, prior arrest and seriousness of the instant offense, and for the “extra-legal” variables of age, gender, type of attorney, residency, and race. Our research shows that Hispanics receive higher bail amounts than White or African Americans; leading the authors to cast doubt on the tenets of “legal theory” which has gained attention as a model for explaining why members of racial or ethnic minorities receive harsher treatment at various stages of the criminal and juvenile justice system.     

CONTROLLING OTHER PEOPLE'S CHILDREN: RACIALIZED VIEWS OF DELINQUENCY AND WHITES’ PUNITIVE ATTITUDES TOWARD JUVENILE OFFENDERS*

The juvenile justice system was founded on, and until recently developed around, the idea that society should afford delinquents more leniency and rehabilitative care than adult criminals because of their lower levels of physical and cognitive development and, thus, diminished culpability for law violations and higher amenability to treatment. The past four decades, however, have witnessed a sustained movement to recriminalize delinquency through the enactment of policies that treat juvenile offenders more like their adult counterparts. Feld (1999a) and others have argued that this punitive turn in juvenile justice is in part a result of the racialization of delinquency and violent victimization in the post–Civil Rights era. This study provides the first test of the key assumption underlying this thesis, namely, that Whites’ support for getting tough with juvenile offenders is in part tied to racialized views of youth crime. Drawing on data from a recent national survey, we examine the extent to which relative racial typifications about delinquency and victimization, as well as racial resentment, are associated with general punitiveness toward juvenile offenders as well as support for lower minimum ages of criminal justice jurisdiction. Regression results show that Whites who hold such typifications and those who are more racially resentful are both more likely to embrace punitive youth justice policies and favor transfers for younger offenders. The implications of the findings are discussed.     

暂予监外执行的本质：功利人道与公正人道的统一——兼论我国暂予监外执行制度的完善

暂予监外执行是本应在监禁机构行刑的犯罪人暂时变更到监禁机构外进行刑罚执行，其本质特征应为行刑人道主义，行刑人道主义分为功利的人道与公正的人道两种不同理念。建议我国暂予监外执行制度变更为暂停监禁刑罚执行制度。在构建我国暂停监禁刑罚执行制度中，遇到保护个体的功利人道与保障社会整体的公正人道冲突时，应做出保障个体功利人道的价值选择。