SENTENCING HOMICIDE OFFENDERS IN THE NETHERLANDS: OFFENDER,VICTIM, AND SITUATIONAL INFLUENCES IN CRIMINAL PUNISHMENT*

Empirical investigations of criminal sentencing represent a vast research enterprise in criminology. However, this research has been restricted almost exclusively to U.S. contexts, and often it suffers from key data limitations. As such, an examination of more detailed international sentencing data provides an important opportunity to assess the generalizability of contemporary research and theorizing on criminal punishment in the United States. The current study investigates little-researched questions about the influence of prosecutorial sentencing recommendations, victim/offender relationships, and extralegal disparities in sentencing by analyzing unique data on the punishment of homicide offenders in the Netherlands. The results indicate that offender, victim, and situational offense characteristics all exert important independent effects at sentencing and that prosecutorial recommendations exert powerful influences over judicial sentences. The article concludes with a discussion of future directions for comparative sentencing research across international contexts.     

THE “TRUE” JUVENILE OFFENDER: AGE EFFECTS AND JUVENILE COURT SANCTIONING

Age is the only factor used to demarcate the boundary between juvenile and adult justice. However, little research has examined how age guides the juvenile court in determining which youth within the juvenile justice system merit particular dispositions, especially those that reflect the court's emphasis on rehabilitation. Drawing on scholarship on the court's origins, attribution theory, and cognitive heuristics, we hypothesize that the court focuses on youth in the middle of the range of the court's age of jurisdiction—characterized in this article as “true” juveniles—who may be viewed as meriting more specialized intervention. We use data from Florida for court referrals in 2008 (N = 71,388) to examine the decision to proceed formally or informally and, in turn, to examine formally processed youth dispositions (dismissal, diversion, probation, commitment, and transfer) and informally processed youth dispositions (dismissal, diversion, and probation). The analyses provide partial support for the hypothesis. The very young were more likely to be informally processed; however, among the informally processed youth, the youngest, not “true” juveniles, were most likely to be diverted or placed on probation. By contrast, among formally processed youth, “true” juveniles were most likely to receive traditional juvenile court responses, such as diversion or probation.     

CUMULATIVE DISADVANTAGE: EXAMINING RACIAL AND ETHNIC DISPARITY IN PROSECUTION AND SENTENCING

Current research on criminal case processing typically examines a single decision‐making point, so drawing reliable conclusions about the impact that factors such as defendants’ race or ethnicity exert across successive stages of the justice system is difficult. Using data from the New York County District Attorney's Office that tracks 185,275 diverse criminal cases, this study assesses racial and ethnic disparity for multiple discretionary points of prosecution and sentencing. Findings from multivariate logistic regression analyses demonstrate that the effects of race and ethnicity vary by discretionary point and offense category. Black and Latino defendants were more likely than White defendants to be detained, to receive a custodial plea offer, and to be incarcerated—and they received especially punitive outcomes for person offenses—but were more likely to benefit from case dismissals. The findings for Asian defendants were less consistent but suggest they were the least likely to be detained, to receive custodial offers, and to be incarcerated. These findings are discussed in the context of contemporary theoretical perspectives on racial bias and cumulative disadvantage in the justice system.     

DEMONSTRATING THE VALIDITY OF TWIN RESEARCH IN CRIMINOLOGY

In a recent article published in Criminology, Burt and Simons ( 2014 ) claimed that the statistical violations of the classical twin design render heritability studies useless. Claiming quantitative genetics is “fatally flawed” and describing the results generated from these models as “preposterous,” Burt and Simons took the unprecedented step to call for abandoning heritability studies and their constituent findings. We show that their call for an “end to heritability studies” was premature, misleading, and entirely without merit. Specifically, we trace the history of behavioral genetics and show that 1) the Burt and Simons critique dates back 40 years and has been subject to a broad array of empirical investigations, 2) the violation of assumptions in twin models does not invalidate their results, and 3) Burt and Simons created a distorted and highly misleading portrait of behavioral genetics and those who use quantitative genetic approaches.     

Political Parties and the Representativeness Of Legislative Committees

What role do parties play in determining which interests committees represent? In this article, I compare committee organization and representativeness in Nebraska's nonpartisan legislature with those in the partisan senates of Kansas and Iowa. I demonstrate that when parties do not organize legislative conflict, committees are less representative of the full chamber. I argue, however, that committee representativeness does not necessarily result from parties actively working to create representative committees. Rather, when legislative conflict has a definitive partisan structure and the committees are always controlled by the majority party, representative committees will result as a simple by‐product of the partisan structure and organization.     

NONSOCIAL REINFORCEMENT AND HABITUAL CRIMINAL CONDUCT: AN EXTENSION OF LEARNING THEORY *

Drawing on a diverse literature, we explain how criminal behavior is maintained through a process of nonsocial reinforcement, and show that some persons find criminal behavior particularly rewarding. We test our assumptions using surveys of 295 incarcerated adult felons and 150 male college students and intensive focus groups with 40 habitual offenders currently serving time. Results suggest that the experience of committing nonviolent and, particularly, violent crime is intrinsically rewarding and tends to reinforce such behavior among habitual criminals. The endogenous rewards identified center on (1) the neurophysiological high such acts produce and (2) the symbolic meaning of the behavior as it relates to self-concept and identity formation. Findings from the surveys and the focus groups suggest that habitual criminality is sustained partly through the positive sensations (physiological and psychological) those crimes activate within the offender and that those sensations are instrumental in the maintenance and reinforcement of criminal careers. Based on what is known in the literature and what has been learned from our research, it seems that an effective way of integrating this knowledge lies in the direction of a nonsocial reinforcement arm of learning theory.     

PROGRAM IMPLEMENTATION VERSUS PROGRAM DESIGN: WHICH ACCOUNTS FOR POLICY "FAILURE"?

Many influential implementation scholars now argue that "street-level" bureaucrats, rather than legislators or high-level administrators, make public policy in the U.S. Such authors as Pressman and Wildavsky cite creaming in employment and training programs as an especially clear example of well-meaning programs that fail when implemented. This paper argues that two of the most significant and lasting of these programs, the U.S. Employment Service and the Manpower Development and Training Act, were designed to encourage creaming. The essay asserts implementation scholars overstate the disconnection between program design and program implementation because they assume there is little disconnection between program legitimation and program design. A better conception of design permits one to perceive that these programs were legitimated on the grounds they would serve a large number of constituents, but were designed to do so by serving employers. The combination of these premises made creaming an imperative of program operation, and the implementors who cream remain faith ful to original program strategy. This finding suggests a redirection of policy research toward a more rlgorous analysis of program design and a better understanding of the relationship between legitimation, design, and implementation.     

News out of Africa

Major Patrick Wall, M.C., VJLD., Member of Parliament for Haltemprice,Chairman of the Conservative Parliamentary East and CentralAfrica Committee, and Mr. Brian F. Macdona, Vice-Chairman ofCouncil and a general manager of Barclays Bank D.C.O., spokeon different aspects of the African scene at a joint meetingof the Royal African Society and the Royal Commonwealth Societyon May 5, 1960. Sir John Macpherson, G.C.M.G., Permanent Under-Secretaryfor the Colonies, took the chair.