PRETRIAL RELEASE AND BAIL DECISIONS

This study examines the relative effects of a number of legal and extralegal factors on (1) the decision to release on recognizance and (2) the decision on amount of money bail. Social science research on these issues has been sparse compared to that on other phases of the criminal justice process. Findings from a regression analysis show that the first step of the bond disposition process, the recognizance decision, is influenced by several factors. The demeanor of defendants in open court is the most important. Net of other influences, good demeanor increases the probability of release on recognizance by 34.8%. In cases where recognizance is denied, only two variables are related significantly to the amount of money bond. Net of other influences, a felony offense (as opposed to a misdemeanor) increases predicted bail by $2300, and poor demeanor increases the predicted bail required by $1600.     

Effects of Court Officials on Sentence Severity: Do Judges Make a Difference?

The present article examines the effects on sentencing of a number of variables measuring court actors and their traits. Sentencing patterns were shown to vary substantially from judge to judge but the differences were found to be related more to the types of cases judges received than to sentencing styles of individual judges. Independent of traditional sociodemographic traits of offenders and legal variables, individual judges do not appear to sentence differently. Moreover, when we estimated equations which included judicial background characteristics, there were no discernible independent effects. These findings differ from both informed intuition and inferences one might draw from previous research. Consideration of subcultures of justice and cases on which court officials disagree about sentences may help explain differences between present and past research.     

THE CREATION AND MAINTENANCE OF GOVERNMENT: A NEGLECTED DIMENSION OF HOBBES'S LEVIATHAN

Abstract. Philosophical preoccupation with moral, legal, and hypothetical problems have led us to neglect those practical (or strategic) dimensions of Leviathan in which Hobbes confronts the problems of how order can actually be politically created from disorder and how, once begun, the germ of order can be perpetuated in stable political society. The possibilities of political creation reside in the idea of confederation and, importantly, in men's fundamental manipulability. The consequent maintenance of political order depends, for Hobbes, on creating conditions in which, without excessive or unnecessary resort to force, men can be made to forebear conflict among themselves and resistance to government. Those conditions, as in the case of political creation, depend upon appearances, illusion, and political manipulation.     

SOCIAL THOUGHT AND SOCIAL STRUCTURE

The substantive area of criminology has increasingly become politicized with new paradigms arising to challenge the traditional perspectives. For the purpose of this analysis the voluminous amount of criminological research and writing is placed within three major paradigms: (1) kinds of people, (2) kinds of environments, and (3) power/conflict. The increasing articulation of the power/conflict paradigm has brought about an intensification of conflict in society and among criminologists. The future of criminology and subsequently of criminologists will be determined by the interplay of these and emerging other paradigms among academic criminologists and their competing expression among the public at large.