The Politics of Legal Representation: The Influence of Local Politics on the Behavior of Poverty Lawyers

This article explores the influence of local groups on the strategies employed by poverty lawyers in representing clients. Data collected from one suburban legal services program suggest that despite attitudinal predispositions to initiate law reform litigation, poverty lawyers are constrained in their use of social reform strategies by local organizations opposed to such activity. I argue that politics inevitably affect poverty lawyer behavior due to the nature of legal services work and programmatic features of the national Legal Services Corporation. I assess the implications of these findings for federal control of local programs.     

THE INFLUENCE OF DELINQUENT PEERS: WHAT THEY THINK OR WHAT THEY DO?*

Although the association between delinquent friends and delinquent behavior is well established, the mechanism by which delinquency is socially transmitted remains unclear. Sutherlands theory of differential association holds that delinquency is a consequence of attitudes favorable to the violation of the law, attitudes that are acquired through intimate social interaction with peers. An analysis of data from the National Youth Survey indicates that peer attitudes do affect delinquency. But the effect of peers'attitudes is small in comparison to that of peers behavior, and the effect of peers'behavior remains strong even when peers, attitudes and the adolescent's own attitude are controlled. Moreover, when the behavior and attitudes of peers are inconsistent, the behavior of peers appears to outweigh or override the attitudes of peers. These findings suggest that delinquency is not primarily a consequence of attitudes acquired from peers. Rather, it more likely stems from other social learning mechanisms, such as imitation or vicarious reinforcement, or from group pressures to conform.     

THE DECLINE OF ELITE HOMICIDE

Criminological research consistently shows that interpersonal homicide is largely confined to low-status people. Yet, anthropological and historical materials reveal that in earlier and simpler societies homicide was found throughout the status hierarchy. Using theory developed by Donald Black, I argue that a critical factor in the decline of lethal conflict among social elites is the increased availability of legal means of handling conflict. An implication is that since a focus on modern societies and their developed legal systems yields a limited and even distorted empirical picture of lethal violence, criminologists should strive to formulate theories that are cross-cultural and historical in scope.     

The Accuracy of Public Beliefs about Crime Further Evidence

Criminologists largely agree that public beliefs about crime are inaccurate, and some seem willing to abandon crime reduction as a policy goal in favor of strategies which directly affect public perceptions of crime. Yet direct tests of the accuracy of public beliefs about crime are rare. In a sample survey of Tucson adults, respondents were asked to estimate the percentage of Tucson juveniles who had committed each of fifteen offenses (i.e., the categorical rates of the offenses) and the offender sex ratio for each offense. Responses were compared with self-reported data from students in three Tucson high schools. Among the fifteen offenses there is remarkable agreement between the perceived categorical rates, sex ratios, and the self-reported figures. Taken in conjunction with earlier studies, these findings suggest that strategies designed to reduce the social consequences of crime by altering public beliefs about crime are unlikely to succeed unless they are accompanied by true reductions in the crime rate.     

ILLEGAL ENTERPRISE: A THEORETICAL AND HISTORICAL INTERPRETATION *

Illegal enterprise—defined as the sale of illegal goods and services to customers who know that the goods or services are illegal—has long been a central part of the American underworld, but it has received little attention as a separate criminological category. Although such activities are often relatively short term and small scale when compared with legal businesses, three major factors explain the cooperation that sometimes emerges among illegal entrepreneurs. The first factor is systematic corruption, which often permits police or politicians to bring order to illegal activities within a political subdivision. A second factor is overlapping partnerships by which entrepreneurs often launch and maintain illegal businesses. A third factor is the internal economic characteristics of illegal businesses, which shape the manner in which they operate. The paper explores the implications of each factor through historical examples and suggests hypotheses concerning the changing structure of illegal enterprises in American cities.     

WHAT IS THE PERCEIVED SERIOUSNESS OF CRIMES?

Although criminologists have measured the perceived seriousness of offenses for decades, there is no consensus on the meaning of seriousness, nor is there clear evidence as to what individuals have in mind when they rate the seriousness of crimes. Seriousness judgments could reflect normative evaluations of offenses (i.e., their wrongfulness) or factual judgments about their harmfulness to victims. Survey data from Dallas residents show that the two dimensions are distinct and that conventional classes of crime (personal, property, public order) systematically differ on the two dimensions. Where crimes are perceived to be more wrong than harmful, seriousness mirrors wrongfulness. Where crimes are perceived to be more harmful than wrong, harmfulness predominates. A substantial minority of respondents, however, did not perceive differences in the moral gravity of crimes, judging the seriousness of crimes solely on the basis of harmfulness. These and other findings indicate that seriousness judgments are more structured and complex than commonly supposed and that conventional measures of seriousness, when applied to substantive problems, may mask or obscure distinct mechanisms of evaluation.