THE SOCIAL CONTEXT OF GUIDELINES CIRCUMVENTION: THE CASE OF FEDERAL DISTRICT COURTS*

Recent scholarship on criminal punishments increasingly highlights the importance of courtroom social contexts. Combining recent data from the U.S. Sentencing Commission (FY1997–2000) with aggregate data on federal districts, the current study examines interdistrict variations in the application of downward departures from the federal sentencing guidelines. Findings indicate that substantial variation exists in the probability of both prosecutor‐initiated substantial assistance departures and judge‐initiated downward departures. This variation is accounted for, in part, by organizational court contexts, such as caseload pressures, and by environmental considerations, such as the racial composition of the district. Additional evidence suggests that individual trial penalties and race disparities are conditioned by aggregate court contexts. Drawing on interviews with federal justice personnel, this article concludes with a discussion of future directions for research on federal guidelines departures. Part of the glory of the federal system…is that you've got this one big organization, but it can be molded to different needs…
‐ An assistant U.S. attorney ‐     

SPECIALIZATION AND THE CRIMINAL CAREER*

Hirschi recently (1985) attempted to show the compatibility of social control with rational choice theory. This effort by Hirschi is noteworthy because, if successful, he could provide a connection between positive and classical sentiments which have traditionally appeared in contention. Hirschi fails, however, to achieve his objective and is hindered by what he views as the incompatible objectives of the two theories. Hirschi uses the recently accepted findings which indicate lack of specialization among persons involved in illegal behavior to illustrate the difference he sees between criminality and crime and, thus, the divergence between social control and rational choice. This paper attempts to remove the barrier found by Hirschi by providing improved measurement of specialization, such as has been proposed by Farrington (1986) and Klein (1984), and by placing the results in a more realistic criminal careers perspective than has been done in previous studies. This study utilizes data from the 1958 Philadelphia Birth Cohort. With information to age 26 for 27,160 persons, these data are perhaps better suited to investigate this topic than any available.     

THE MULTILEVEL CONTEXT OF CRIMINAL SENTENCING: INTEGRATING JUDGE‐ AND COUNTY‐LEVEL INFLUENCES*

This study extends recent inquiries of contextual effects in sentencing by jointly examining the influence of judge and courtroom social contexts. It combines two recent years of individual sentencing data from the Pennsylvania Commission on Sentencing (PCS) with data on judicial background characteristics and county court social contexts. Three‐level hierarchical models are estimated to investigate the influence of judge and county contexts on individual variations in sentencing. Results indicate that nontrivial sentencing variations are associated with both individual judge characteristics and county court contexts. Judicial background factors also condition the influence of individual offender characteristics in important ways. These and other findings are discussed in relation to contemporary theoretical perspectives on courtroom decision making that highlight the importance of both judge and court contexts in sentencing. The study concludes with suggestions for future research on contextual disparities in criminal sentencing.     

SOCIAL CLASS AND DELINQUENT BEHAVIOR

The apparent refutation by self-report studies of social class-related theories of juvenile delinquency is critically reviewed. Improper conceptualization and operationalization of “social class” are considered to be primary causes of inconsistent findings. A more appropriate “underclasslearning class” model of stratification is suggested. Although no empirical support is found for a relationship between self-reported delinquent behavior and socioeconomic status of father's occupation. indications are that social class is somewhat more related to self-reported delinquency using the underclass/earning class model. However, there is no reason to expect social class to emerge as a major correlate of delinquent behavior no matter how it is measured.