THE CONTRIBUTION OF GANG MEMBERSHIP TO DELINQUENCY BEYOND DELINQUENT FRIENDS*

Both being involved in a gang and having friends who are delinquent have been shown to contribute to an individual's own delinquency. However, the unique contribution of gang membership to delinquency, above and beyond having delinquent peers, has not been well studied. Increased delinquency among gang members may not be due to gang membership per se, but to the members' association with delinquent peers. Using data from the Seattle Social Development Project, this research compared involvement in delinquency for gang members, nongang youths with delinquent friends, and nongang youths who did not have delinquent friends. MANOVA and follow-up ANOVA were conducted to determine differences on measures of delinquency among the three groups at ages 14 and 15. Gang members were found to have a higher rate of offending in the past year when compared with the other groups. The contribution of gang membership to delinquency above and beyond having delinquent friends was also examined using structural equation modeling. Gang membership was found to independently predict both self-reported and officially recorded delinquency beyond the effects of having delinquent friends and prior delinquency. Implications of the results for delinquency prevention and intervention efforts are discussed.     

RACE,RACIAL THREAT,AND SENTENCING OF HABITUAL OFFENDERS*

As legislatures proliferate novel “enhancements” to criminal sentencing, such as “three-strikes” and related provisions, and as criminologists debate their effects, the role of existing enhancements, such as habitual offender statutes, has received little empirical attention. This article explores the effect of race in the decision to prosecute and sentence eligible defendants as “habitual” offenders. During FY 1992–93, 9,690 males admitted to prison in Florida were statutorily eligible (two prior felony convictions or one prior violent felony conviction) for sentencing as “habitual” offenders. Approximately 20% received that disposition. They will serve at least 75% of their enhanced sentence as compared with the state average of about 40%. Logistic regression, controlling for prior record, crime seriousness, and other relevant factors, shows a significant and substantial race effect. The disadvantage of black defendants is particularly strong for drug offenses and for property crimes that have relatively high victimization rates for whites (larceny, burglary). Race is less consequential for violent and weapons-related crimes. Race effects are more often significant in sentencing contexts that are low in terms of percent black, racial income inequality, drug arrest rates, and violent crime rates. The relevance of these findings for a “racial threat” interpretation of sentencing outcomes is discussed.     

Stuntman for the State: Loughlin's Idea of Public Law

Abstract. This paper provides a critical analysis of Martin Loughlin's pure theory of public law as developed in his more recent work. I argue that the pure theory makes a series of errors and rests on a set of assumptions that make it inappropriate to provide the legal framework for any social‐democratic polity. Specifically, the theory concedes too much latitude to the functional needs of the state and organised politics, and pays too little deference to processes of political opinion and will formation in civil society. As such, it only succeeds in establishing law's connection to the public realm, at the cost of effacing its internal relationship to the rule of law and democracy.     

PROTESTANT FUNDAMENTALISM AND THE RETRIBUTIVE DOCTRINE OF PUNISHMENT*

In Gregg v. Georgia in 1976, the U.S. Supreme Court declared that public opinion, including the public's presumed desire for retribution, can be a legitimate basis for penal policy. Subsequently, the retributive doctrine has guided sentencing reform across the nation. But variation among the public in support for retribution as the goal of punishment and the effects of religion in shaping public sentiments about punishment have received little attention from researchers. Drawing from recent work on attribution theory and religion, this paper proposes and reports evidence that public support for the retributive doctrine is closely linked to affiliation with fundamentalist Protestant denominations and fundamentalist religious beliefs. The normative implications of such a connection are addressed.     

Cycles of the fourth kind: A reply to Mohler's cycles of values

Abstract. Mohler (1987) claims that German culture does not display thematic cycles like those found by Namenwirth and Weber (1987) in America and Great Britain. We argue that Mohler's claim is not supported by the emperical evidence he presents. We also find his claim to be flawed conceptually and theoretically.