Sometimes Ignorance is Bliss: Investigating Citizen Perceptions of the Certainty and Severity of Punishment

Deterrence lies at the heart of the criminal justice system and policy. There is a lack of information on citizen??s perceptions regarding a critical element of the deterrence process as it manifests through the communication of sanction threats. This study uses data from over 400 adults to examine their knowledge regarding the probability of detection and the average punishments for DUI, and also assesses the contribution of demographic and theoretical variables in predicting perceptions of detection probabilities and punishment estimates. Results show that persons over-estimate the likelihood of detection and provide higher estimates for average sentence lengths, but very few variables predict deterrence perceptions. An investigation of the resetting effect shows that persons tend to lower the estimated likelihood of punishment after experiencing a punishment. Deterrence may work better if researchers and policy officials understand what influences these perceptions and how they may be modified.     

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.     

When a corporation rapes: perceptions of rape in civil court for corporate defendants

In recent years, the coupling of poor outcomes for rape victims in criminal court and the widening scope of legal responsibility for sexual assault has prompted plaintiffs to file civil suits for rape against corporations. Unfortunately, we know little about juror perception of civilly litigated rape against corporate defendants and most jury research involving corporate defendants concerns non-sexual injury cases (e.g. premises liability, automobile accidents). With the increasing number of corporations being sued civilly for rape, we need to understand how civil juries perceive these cases. The present study investigated mock jurors’ perceptions of a fictional civil rape trial against a hotel. Community members (N?=?155) read one of three trial summaries: Civil rape trial against the alleged perpetrator, civil rape trial against a hotel, or criminal rape trial. Results indicate females have higher pro-plaintiff judgments than males in civil court, perceptions of greed typically associated with civil litigation apply to rape, and favorable plaintiff decisions are most likely against a corporate defendant. Also, mental models suggest mock jurors conceptualize criminal and civil rape cases against an individual similarly. We discuss our results in terms of psychological, legal and practical expectations when suing for rape.     

Playing fair: fairness beliefs and health policy preferences in the United States

Conventional wisdom suggests that the best way to persuade Americans to support changes in health care policy is to appeal to their self-interest - particularly to concerns about their economic and health security. An alternative strategy, framing problems in the health care system to emphasize inequalities, could also, however, mobilize public support for policy change by activating underlying attitudes about the unfairness or injustice of these inequalities. In this article, we draw on original data from a nationally representative survey to describe Americans' beliefs about fairness in the health domain, including their perceptions of the fairness of particular inequalities in health and health care. We then assess the influence of these fairness considerations on opinions about the appropriate role of private actors versus government in providing health insurance. Respondents believe inequalities in access to and quality of health care are more unfair than unequal health outcomes. Even after taking into account self-interest considerations and the other usual suspects driving policy opinions, perceptions of the unfairness of inequalities in health care strongly influence respondents' preferences for government provision of health insurance.     

Global warming and state-corporate crime: the politicalization of global warming under the Bush administration

Global warming is one of the most significant and difficult issues facing the world today. As result, researchers in a number of disciplines have directed their attention to addressing issues relevant to the study of and responses to global warming. This has been less true in the social sciences, and especially within specific social sciences such as criminology, in comparison to the physical sciences. Global warming does, however, have criminological and sociological relevance on several levels. This article examines one of those levels by exploring the politicalization of global warming under the Bush Administration, and addresses this issue as an example of state-corporate crime.