Legal Change and Sentencing Norms in the Wake of Booker: The Impact of Time and Place on Drug Trafficking Cases in Federal Court

The federal sentencing guidelines have lost some authoritative force since the U.S. Supreme Court ruled in a series of recent cases that the guidelines are advisory, rather than presumptive, in determining criminal sentences. While these court decisions represent a dramatic legal intervention, sociolegal scholarship suggests that organizational norms are likely to change slowly and less dramatically than the formal law itself. The research reported here looks specifically at the consequences of such legal transformations over time and across locale, using multilevel analysis of U.S. Sentencing Commission sentence outcome data from 1993 to 2009. Our findings suggest that districts vary considerably from each other in sentencing practices over the time period studied, and that there is relative within‐district stability of outcomes within districts over time, including in response to the Supreme Court's mandates. We also find that policy change appears to influence the mechanisms by which cases are adjudicated in order to reach normative outcomes. Finally, we find that the relative district‐level reliance upon mandatory minimums, which were not directly impacted by the guidelines changes, is an important factor in how drug trafficking cases are adjudicated. We conclude that local legal practices not only diverge in important ways across place, but also become entrenched over time such that top‐down legal reform is largely reappropriated and absorbed into locally established practices.     

American Terrorism and Extremist Crime Data Sources and Selectivity Bias: An Investigation Focusing on Homicide Events Committed by Far-Right Extremists

This paper examines the reliability of the methods used to capture homicide events committed by far-right extremists in a number of open source terrorism data sources. Although the number of research studies that use open source data to examine terrorism has grown dramatically in the last 10 years, there has yet to be a study that examines issues related to selectivity bias. After reviewing limitations of existing terrorism studies and the major sources of data on terrorism and violent extremist criminal activity, we compare the estimates of these homicide events from 10 sources used to create the United States Extremist Crime Database (ECDB). We document incidents that sources either incorrectly exclude or include based upon their inclusion criteria. We use a “catchment-re-catchment” analysis and find that the inclusion of additional sources result in decreasing numbers of target events not identified in previous sources and a steadily increasing number of events that were identified in any of the previous data sources. This finding indicates that collectively the sources are approaching capturing the universe of eligible events. Next, we assess the effects of procedural differences on these estimates. We find considerable variation in the number of events captured by sources. Sources include some events that are contrary to their inclusion criteria and exclude others that meet their criteria. Importantly, though, the attributes of victim, suspect, and incident characteristics are generally similar across data source. This finding supports the notion that scholars using open-source data are using data that is representative of the larger universe they are interested in. The implications for terrorism and open source research are discussed.     

The Foreign Policy Beliefs of Political Campaign Contributors

Since the Vietnam War, scholarly interest in public and elite opinion of U.S. foreign policy has grown. Because elites generally have greater access to policy makers and more consistent political views, most work on this topic has focused on elite opinions of foreign policy. Most research has defined the term elite broadly, often placing more emphasis on social status than political power. We will reexamine elite foreign policy beliefs using a different elite, presidential campaign contributors. We have two main goals in this article. First, we will assess the differences between the foreign policy outlooks of political campaign contributors and other elites. While many types of elites may influence policy, political contributors are particularly likely to gain access to policy makers. The second part of this research note offers some food for thought on the origins of these beliefs. We present evidence that foreign policy beliefs are related to the same ideological orientations that shape contributors' views on domestic issues. The origins of foreign and domestic policy views should probably be considered together.     

The Impropriety of Plea Agreements: A Tale of Two Counties

In this article, the author, a former prosecutor and a former assistant public defender, draws on his five and a half years of experience as a "professional plea bargainer" to explore the many subtleties of a practice that he suggests leads to work avoidance, misplaced loyalties, coercion, and other negative characteristics on the part of courthouse regulars, and to injustice for those criminal defendants who do not wish to plead guilty. He suggests that criminal courts have become overly dependent on plea bargaining, which is used much more extensively than is either necessary or appropriate.     

Beating a dead horse: Is there any basic empirical evidence for the deterrent effect of imprisonment?

Crime has declined over the past several years, renewing the belief that punishments such as imprisonment are useful mechanisms for deterring criminal activity. This article assesses this claim by examining data on U.S. crime and imprisonment trends from 1972 through 1993, a period that saw a continuous increase in levels of incarceration. This period was purposefully chosen because it represents a “natural” experiment concerning the impact of continuous increases in the rate of incarceration on crime rates. A second analysis examining cross-sectional, state level data for the period 1980-1991 is also presented. The findings from these analyses indicate that sentiments concerning the deterrent effect of imprisonment are overstated, and there appears to be no statistically significant relationship between imprisonment rates and crime rates for the period and areas under study. This revised version was published online in July 2006 with corrections to the Cover Date.     

Discrimination and Instructional Comprehension: Guided Discretion,Racial Bias,and the Death Penalty

This study links two previously unrelated lines of research: the lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.