THE IMPACT OF OUT-OF-STATE PRISON POPULATION ON STATE HOMICIDE RATES: DISPLACEMENT AND FREE-RIDER EFFECTS*

Past studies of the impact of prison population on homicide rates have produced widely divergent results. Those using state-level data find small impacts, but those using national data find very large ones. We use displacement/free-rider theory to explore the difference between these results. Displacement, in the current context, refers to a criminal's movement away from states with higher imprisonment rates. Free riding occurs when a state benefits from criminals being incarcerated in other states. If the displacement effect holds, a state's prison population has a stronger impact on crime within the state than would be accomplished by deterrence and incapacitation alone. If the free-rider effect holds, higher prison populations outside the state reduce homicide in the state because criminals are incapacitated elsewhere. Using vital statistics data for 1929 to 1992, we conduct separate homicide regressions for each state using both in-state and out-of-state prison population as independent variables. We find that the out-of-state variable has a much larger (negative) association with homicide, indicating substantial free riding. We also find evidence of a small displacement impact.     

GANG HOMICIDE,DELINQUENCY, AND COMMUNITY*

Analysis of community-level data on community areas in Chicago substantiates two conceptual differences: the first. between gang crime and delinquency as community-level phenomena; and the second, between theoretical associations of each of the former to community-area patterns of social disorganization and poverty. One pattern is more common in Chicago's Hispanic communities; the other, in Chicago's black communities. Five measures of the quality of community life used are gang homicide rate, delinquency rate, unemployment rate, percentage living below the poverty level, and mortgage investment per dwelling. Identifying communities as white, black, Hispanic, or mixed and applying discriminant analysis reveal the racial-ethnic communities as distinct social worlds. Regression analyses of gang homicide and delinquency rates show that the two measures display very different patterns of association with other community characteristics. An analysis of the residual change score for gang homicide rate over two time periods indicates the relative stability of community patterns with poverty measures explaining much of the change in patterns. It is concluded that gang homicide rates and delinquency rates are ecologically distinct community problems. The distribution of gang homicide rates conforms to classic theories of social disorganization and poverty, and the distribution of delinquency rates is more generally associated with poverty.     

The Politics of Jurisprudence Revisited: A Swedish Realist in Historical Context

This article argues that juristic theories must be understood in relation to the historical conditions in which they have emerged. This is not to reduce theories to their context but to gain essential insight into their aims, meaning, and scope with the aid of such “external” reference points. Here I use the ideas of the Swedish legal realist Vilhelm Lundstedt to illustrate these claims, choosing his juristic theory for this purpose specifically because it has been so widely seen (at least by non‐Scandinavian interpreters) as deeply puzzling and “extreme.” The article argues that his central ideas are readily intelligible in historical context. But such a contextual examination of juristic ideas also makes it possible to assess what in them can properly travel beyond immediate context: in other words, what insights about the nature of the jurist's task can legitimately be taken from them for more universal application. Lundstedt's work, despite having been largely ignored or excluded from international juristic debate, has something to offer here if seen through a contextualising lens that sets the possibilities for its broader application in sharp relief.     

A METHODOLOGICAL ADDITION TO THE CROSS‐NATIONAL EMPIRICAL LITERATURE ON SOCIAL STRUCTURE AND HOMICIDE: A FIRST TEST OF THE POVERTY‐HOMICIDE THESIS*

Dozens of cross‐national studies of homicide have been published in the last three decades. Although nearly all these studies test for an association between inequality and homicide, no studies test for a poverty—homicide association. This absence is disconcerting given that poverty is one of the most consistent predictors of area homicide rates in the abundant empirical literature on social structure and homicide in the United States. Using a sample that coincides closely with similar recent studies, applying a proxy for poverty (infant mortality) that is commonly employed in noncriminological cross‐national research, and controlling for several common covariates (including inequality), this study provides the first test of the poverty—homicide hypothesis at the cross‐national level. The results reveal a positive and significant association between a nation's level of poverty and its homicide rate. The findings also suggest that we may need to reassess the strong conclusions about an inequality—homicide association drawn from prior studies, as this relationship disappears when poverty is included in the model.     

Rising crime rates amidst transformations in Eastern Europe: Socio‐political transition and societal response

Unprecedented and dramatic increases in crime rates in countries of Eastern Europe (data are available to document the increases for Poland, Bulgaria, Romania, the Czech Republic, Slovakia, and many of the former Soviet Republics) raise the issue of whether the political and social transformations that have been taking place in Eastern Europe must inevitably lead to social disruption and resulting crime increases. Since the nature of the phenomenon is historically unique (there has never been a similar revolutionary transition from socialism to capitalism), a new, unconventional, and innovative theoretical approach is needed to account for the phenomena being discussed here. Assuming that the transformations can be legitimately subsumed under the concept of ‘‘socio‐political process,’’ the purpose of the paper is to identify some basic and inherent characteristic features of the causal mechanism at work, specifically —?''How do the dynamics of the Eastern European socio‐political process explain the rising crime rates?'’ (''What causal factors inherent in the dynamics are responsible for the crime rises?'') Another issue to be examined is that because of the unprecedented nature of the process being talked about here, a different dimension of the socio‐political process theory must be realized and examined. The paper will be based on three hypotheses: 1. The Eastern European transformations imply a need for a new component of the socio‐political process theory (transition from socialism to capitalism, not vice versa as has historically been the case).

2. To the extent that crime is a product of socio‐political change, crime rates are bound to increase much more during a socialism‐to‐capitalism transition rather than during a capitalism‐to‐socialism transition.

3. Some inherent traits of socialism‐to‐capitalism transitions explain why crime rates increase much more during those transitions than during capitalism‐to‐socialism ones.

     

SOCIAL SUPPORT,INEQUALITY, AND HOMICIDE: A CROSS‐NATIONAL TEST OF AN INTEGRATED THEORETICAL MODEL*

Social support, institutional anomie, and macrolevel general strain perspectives have emerged as potentially important explanations of aggregate levels of crime. Drawing on insights from each of these perspectives in a cross‐national context, the analyses show that 1) our measure of social support is inversely related to homicide rates, 2) economic inequality also maintains a direct relationship with homicide rates, and 3) social support significantly interacts with economic inequality to influence homicide rates. The implications of the analysis for ongoing discourse concerning the integration of these criminological theories and the implications for the development of effective crime control policies are discussed.     

VICARIOUS HOMICIDE VICTIMIZATION AND SUPPORT FOR CAPITAL PUNISHMENT: A TEST OF BLACK'S THEORY OF LAW*

This article examines the relationship between experiencing the homicide of a family member, friend, or acquaintance and the likelihood of support for capital punishment. Homicide victims'family and friends are often portrayed as strong advocates of the death penalty. Yet, the effect of vicarious homicide victimization on support for capital punishment has never been systematically examined, and in fact, Donald Black's theory of law suggests an inverse relationship between the two variables. Using data from the 1988 General Social Survey, this research tests hypotheses derived from Black's theory regarding the relationship among social intimacy, cultural status, and the use of law in response to conflict. Multivariate logistic regression models suggest that the experience of personally knowing a homicide victim significantly affects one's likelihood of support for the death penalty, but the effect of vicarious victimization varies for black and white respondents. The empirical patterns indicate that in addition to race, religious orientation and gender also play important roles in determining the relationship between vicarious homicide victimization and support for the death penalty.     

VARIATION IN AFRICAN-AMERICAN HOMICIDE RATES: AN ASSESSMENT OF POTENTIAL EXPLANATIONS*

Using 1990 data for 222 metropolitan areas, this study extends the traditional variables examined in models of homicide and uses regression analysis to test the viability of three alternative theories that may explain high rates of African-American homicide victimization. The first approach examines the extent to which weak forms of social control have contributed to high homicide rates. The second approach tests the notion that discrimination and inequality have increased levels of absolute and relative deprivation for blacks, which in turn engender frustration and contribute to higher levels of violence. The third approach posits that engagement in violent activity may be a rational act for young African-American males faced with the reality of highly limited economic opportunities. While all three approaches contribute to explaining high African-American homicide, this study shows the greatest support for the social control explanation.     

Radbruch as an Affirmative Holist.On the Question of What Ought to Be Preserved of His Philosophy

Abstract. Gustav Radbruch is one of the most important German‐speaking philosophers of law of the twentieth century. This paper raises the question of how to classify Radbruch's theories in the international context of legal philosophy and philosophy in general. Radbruch's work was mainly influenced by the southwest German school of Neo‐Kantianism, represented by Windelband, Rickert, and Lask. Their theories of culture and value show an affirmative‐holistic understanding of philosophy as a source of wisdom and meaningfulness. Kant, on the other hand, belongs more to a fundamentally different, critical camp of philosophy. Although Radbruch has incorporated Kantian Elements into his theory, he is rather a member of the affirmative‐holistic camp. In the end the question will be raised as to what ought to be preserved of his philosophy.     

A REGIONAL ANALYSIS OF HOMICIDE RATES IN THE UNITED STATES

Variations in regional homicide rates are examined in order to determine whether or not these areas are homogeneous An analysis of varbnce repeatedly isolates southern regions as having pronounced homicide rates. Intraregional varintions are noted. They indicate a need for a revision of Gastil's “Index of Southernness.” Finally, varktions are interpreted within a subcultural context.     

THE STRUCTURAL COVARIATES OF URBAN HOMICIDE: REASSESSING THE IMPACT OF INCOME INEQUALITY AND POVERTY IN THE POST-REAGAN ERA*

Numerous studies have explored the relationship between rates of homicide and income inequality and poverty. However, a general consensus on the theoretical and empirical connections among these variables has yet to be reached. This article reports the findings of a city-level analysis of this relationship, using 1990 data for the 190 largest cities in the United States. In order to address several methodological and theoretical concerns in prior literature, three separate measures of inequality and three categories of disaggregated homicide rates are analyzed. The results suggest that both inequality and poverty have significant and independent positive effects on rates of homicide in U.S. cities following the largest increase in the economic gap between rich and poor in our nation's history.     

Kelsen's Theory on International Law during His Exile in Geneva

Kelsen's monistic theory of international law was shaped during his exile in Geneva (1933–1940), but its deep roots are to be found in his Pure Theory of Law, centred on the neo‐Kantian notion of “system.” According to this conception, a legal system can only descend from a single principle. Consequently, Kelsen constructed a monistic theory of law, i.e., a legal system incorporating all norms into a pyramidal structure culminating in a single principle: the fundamental norm. This Kelsenian pyramid must also include international law, considering that if international law were a legal system different from national law (as the dualistic theory assumes), the theoretical construction would need two fundamental norms. This dualism is as incompatible with Kelsen's monistic vision as Schmitt's theory of “Great Spaces,” creating a hierarchical system of international relations. In the Kelsenian pyramid, international law occupies a position superior to national law: The consequences of this assumption are discussed in some documents recently published in German and French.     

STRUCTURAL CONDITIONS AND RACIAL HOMICIDE PATTERNS: A LOOK AT THE MULTIPLE DISADVANTAGES IN URBAN AREAS*

This research examines the differential effects of structural conditions on race-specific victim and offender homicide rates in large U.S. cities in 1990. While structural theories of race relations and criminological explanations are reviewed, particular attention is given to those structural theories that highlight racial competition, economic and labor market opportunity, and racial segregation as essential for an examination of racially disaggregated homicide offending. The effects of these and other structural conditions are estimated for four racially distinct homicide offending models—black intraracial, white intraracial, black interracial, and white interracial homicides. The results suggest that the structural conditions that lead to race-specific victim and offender homicide rates differ significantly among the four models. Economic deprivation and local opportunity structures are found to influence significantly the rates of intraracial homicide offending, while racial inequality contributes solely to black interracial homicide rates. In addition, our findings indicate that blacks and whites face different economic and social realities related to economic deprivation and social isolation. The differential impact of these structural conditions and other labor market factors are discussed.     

Neuropsychological and Criminological Features of Female Homicide Offenders

Few studies have examined life history and cognitive characteristics unique to female homicide offenders. Understanding these characteristics could aid in risk assessment for extreme violence in this group of offenders. The current study utilized t‐tests or chi‐square tests to compare 27 female and 81 male homicide offenders on psychiatric, neurologic, criminal, and cognitive characteristics. Additionally, we explored the role of abuse history in female offenders through Kruskal–Wallis or Fisher's exact tests. Results indicate that in comparison with male counterparts, females are more likely to have history of mood disorder, borderline personality disorder, and abuse. Cognitively, female homicide offenders exhibit circumscribed cognitive impairment in verbal abilities and perform similarly to male homicide offenders across most cognitive tasks. Within the female offender group, history of sexual abuse is associated with higher rates of impulsive homicide and poorer verbal abilities. These findings provide preliminary evidence for distinct factors associated with homicide in women.     

Newspaper Structuring of Crime Views: Images of Homicide In Cali,Colombia

The research reported in this paper was supported in part by the Andrew Mellon Foundation, the American Philosophical Society, and Tulane University's Center for Latin American Studies. The author gratefully acknowledges the assistance of Gloria Lessan, Cecilia Camacho H., and Fany Ackerman at various stages of this investigation.

Though there is considerable consensus that newspapers distort the crime picture, there is little agreement that the papers structure public ideas about crime. In an effort to investigate that possibility free of the complications created by intervening variables, the present research investigates the influence of Cali, Colombia's major newspaper's presentation of homicide news upon Cali citizens' ideas about that type of crime. Media-related intervening variables are controlled because Cali has no local television stations and because crime news, focusing on homicide, is reported in the same quantity, fashion, and location in the daily newspaper. A sample of Cali residents was surveyed to ascertain whether or not their views of certain homicide characteristics coincided with the image presented by the newspaper. Victimization patterns were found not to influence public ideas about homicide. Public views, in the main, were found related to newspaper coverage of homicide. It is suggested that newspaper reporting, while one of several potential influences on public opinion, should not be considered inconsequential in structuring public ideas about crime. The implications of this finding for future research are examined.     

Policing the industrial reserve army: An international study

Over the past three decades, the industrialized world has witnessed four resilient social trends: (1) the consistent erosion of union-membership; (2) an increase in income polarization and inequality; (3) a dramatic resurgence in popular protest; and (4) a steady rise in public and private policing employment. In this paper, we examine the relationship between these trends by theorizing and operationalizing the notion of the “industrial reserve army” and a series of related tenets in order to conduct an international (N = 45), empirical test of a nascent Marxian model of policing. By treating total policing employment as an empirical barometer of bourgeois insecurity we find that this insecurity is conditioned by two elements of Marxian political economy: (1) relative deprivation (income inequality) and (2) the rise of an industrial reserve army (manufacturing employment and unemployment). Second, while surplus value and labour militancy (strikes and lockouts per 100,000 population) rise along with union membership, the presence of higher rates of unionization appears to ameliorate the need for more policing in all but post-USSR countries. While unions assist in checking the immiseration of workers through labour actions, union membership is nonetheless inversely correlated to policing employment, giving credence to the Marxian idea that while unions help mitigate against the exploitation workers, they also act as “lieutenants of capital,” performing an essential policing function under capitalism.     

ECONOMIC INEQUALITY AND LEVELS OF HOMICIDE: AN ANALYSIS OF URBAN NEIGHBORHOODS*

This paper presents an analysis of the relationship between levels of economic inequality and homicide rates for a sample of 26 neighborhoods in Manhattan, New York. It argues that neighborhoods are more appropriate units of analysis for studying inequality and homicide than are larger political and statistical units because neighborhoods are more likely to constitute meaningful frames of reference for social comparisons. The principle hypothesis is that a high degree of economic inequality in a neighborhood will give rise to high levels of relative deprivation and high rates of homicide. The results of a series of multiple regression analyses fail to support this hypothesis. The measure of economic inequality is weakly associated with the observed homicide rates. Similarly, the racial composition of Manhattan neighborhoods exhibits no significant association with levels of homicide, given statistical controls for other sociodemographic variables. Two neighborhood characteristics do emerge as significant predictors of homicide rates: the relative size of the poverty population and the percent divorced or separated. Homicide rates tend to be highest in those neighborhoods characterized by extreme poverty and pervasive marital dissolution.     

CIVIC COMMUNITY IN THE HINTERLAND: TOWARD A THEORY OF RURAL SOCIAL STRUCTURE AND VIOLENCE*

Drawing on the civic community literature, this article explicates a theoretical model to explain variation in rates of violence across rural communities. It is hypothesized that rural communities with a stable population base that is locally invested, a vibrant participatory civic culture with a well‐developed noneconomic institutional base, and a robust economically independent middle class will have lower rates of violent crime. Results from the analysis of data for more than 1,000 rural counties reveal that the 11 variables used to operationalize the theory are empirically distinguishable from indicators of resource disadvantage and form three well‐defined indices: a residential stability/local investment factor, a local capitalism/independent middle class factor, and a civic engagement factor. Negative binomial regression models confirm that violent crime rates are generally much lower in communities that score high on these dimensions. Implications of these findings for future macrolevel criminological research are discussed.     

EXAMINING THE CONDITIONAL NATURE OF THE ILLICIT DRUG MARKET-HOMICIDE RELATIONSHIP: A PARTIAL TEST OF THE THEORY OF CONTINGENT CAUSATION

Recently, Zimring and Hawkins (1997) have suggested that drug markets are a “contingent cause” of the increase in homicide rates. That is, where structural conditions known to produce violence are already in place, the drug distribution‐homicide link may be exacerbated. This analysis uses hierarchical linear modeling to investigate two key research questions: (1) Is within‐city variation in illicit drug market activity positively associated with within‐city variation in homicide rates during the 1984–1997 period? (2) Is the illicit drug market‐homicide association contingent on preexisting violence conducive socioeconomic conditions? Using three measures of drug market activity, analyses provide affirmative evidence on both questions. Theoretical and research implications of these findings are discussed.