The genuine victim and prosecutors’ charging decisions in sexual assault cases

This study examined the effect of victim characteristics and evidence factors on prosecutors’ decisions to file charges in sexual assault cases. Social scientists and legal scholars argue that sexual assault case processing decisions are affected by stereotypes of real rapes and genuine victims. They assert that complainants whose backgrounds and behavior conform to the image of a genuine victim will be taken more seriously, and their allegations treated more seriously, than complainants whose backgrounds and behavior are at odds with this image. We used a sample of arrests for sexual assault made by the Detroit Police Department in 1989 to test these assertions. We combined six victim characteristics to create a genuine victim scale, and we examined the effect of this scale, as well as a number of evidence factors, on prosecutors’ charging decisions. We performed separate analyses on cases with child victims and cases with adolescent or adult victims. We found that the genuine victim scale did not influence charging decisions in cases with child victims, but was theonly significant predictor in cases involving adolescent or adult victims. In contrast, none of the four evidence factors affected charging in cases with adult victims, and only one of these factors was related to charging in cases involving children. These findings suggest that prosecutors attempt to avoid uncertainty by screening out sexual assault cases unlikely to result in a conviction because of questions about the victim’s character, the victim’s behavior, and the victim’s credibility. This paper is based on work supported by the National Science Foundation under Grant No. SES-9010826. Points of view are those of the authors and do not necessarily represent the position of the National Science Foundataion.     

Ex post ≠ ex ante

Participants in three conditions (foresight, hindsight, and a modified hindsight condition designed to ameliorate the hindsight effect) assessed whether a municipality should take, or have taken, precautions to protect a riparian property owner from flood damage. In the foresight condition, participants reviewed evidence in the context of an administrative hearing. Hindsight participants reviewed parallel materials in the context of a trial. Three quarters of the participants in foresight concluded that a flood was too unlikely to justify further precautions-a decision that a majority of the participants in hindsight found to be negligent. Participants in hindsight also gave higher estimates for the probability of the disaster occurring. The debiasing procedure failed to produce any significant differences from the regular hindsight condition. The results suggest that absent an effective debiasing technique, risk assessments made in foresight will be judged harshly in hindsight.     

Bogus Publicity Items and the Contingency Between Awareness and Media-Induced Pretrial Prejudice

Venue surveys can be criticized because they do not attempt to control for response biases, such as the tendency to report having read about any story that seems plausible. Bogus items (fabricated publicity items) are a common way to control for this bias. In two studies we examined whether controlling for this bias changes the relation between exposure to media and prejudice. Based on two actual crimes with quite different media exposure rates, communities were surveyed about their exposure to media surrounding the case and their prejudice toward the defendants. A bogus item was included on each survey. In both studies the correlations between exposure to media and prejudice were significant and remained unchanged when data from respondents who indicated having read about the bogus item were excluded. These findings suggest that, in parallel to the social desirability literature, the response tendency to report awareness of media events does not threaten the validity of venue surveys.     

Welfare transitions in the 1990s: The economy,welfare policy,and the EITC

The rapid decline in the welfare caseload remains a subject of keen interest to both policymakers and researchers. In this paper, I use data from the Survey of Income and Program Participation spanning the period from 1986 to 1999 to analyze how the economy, welfare reform, the earned income tax credit (EITC), and other factors influence welfare entries and exits, which in turn affect the caseload. I find that the decline in the welfare caseload resulted from both increases in exits and decreases in entries. Entries were most significantly affected by the economy, the decline in the real value of welfare benefits, and the expansion of the EITC. Exits were most significantly affected by the economy and federal welfare reform. Federal reform had its greatest effects on longer‐term spells of the type generally experienced by more disadvantaged recipients. Some out‐of‐sample predictions help explain the otherwise puzzling observation that, despite substantial increases in the unemployment rate since 2000, caseloads have remained roughly constant. © 2004 by the Association for Public Policy Analysis and Management     

Engagement processes in model programs for community reentry from prison for people with serious mental illness

Linking prisoners with mental illness with treatment following release is critical to preventing recidivism, but little research exists to inform efforts to engage them effectively. This presentation compares the engagement process in two model programs, each representing an evidence-based practice for mental health which has been adapted to the context of prison reentry. One model, Forensic Assertive Community Treatment (FACT), emphasizes a long-term wrap-around approach that seeks to maximize continuity of care by concentrating all services within one interdisciplinary team; the other, Critical Time Intervention (CTI), is a time-limited intervention that promotes linkages to outside services and bolsters natural support systems. To compare engagement practices, we analyze data from two qualitative studies, each conducted in a newly developed treatment program serving prisoners with mental illness being discharged from prisons to urban communities. Findings show that the working relationship in reentry services exhibits unique features and is furthered in both programs by the use of practitioner strategies of engagement, including tangible assistance, methods of interacting with consumers, and encouragement of service use via third parties such as families and parole officers. Nevertheless, each program exhibited distinct cultures and rituals of reentry that were associated with fundamental differences in philosophy and differences in resources available to each program.