RACIAL AND ETHNIC DISPARITIES IN SENTENCING DEPARTURES ACROSS MODES OF CONVICTION*

Recent analyses of guideline sentencing practices have demonstrated that sentences departing from guidelines serve as a significant locus of racial/ethnic and other extralegal disparity. Little is known, however, about the ways that different courtroom processes, such as modes of conviction, condition these effects. Using recent data from the Pennsylvania Commission on Sentencing (PCS), I analyze the overall effects of race/ethnicity and other factors on judicial decisions to depart from the sentencing guidelines, and then I reexamine these relationships according to four modes of conviction (non‐negotiated pleas, negotiated pleas, bench trials, and jury trials). I argue that the mode of conviction provides a useful indicator of the differential exercise of discretion by different courtroom actors in the sentencing process. As such, it is likely to condition the use of stereotypical patterned responses, thus moderating the effects of race/ethnicity and other relevant sentencing factors. Findings support this expectation, demonstrating that extralegal effects vary considerably across modes of conviction. These results raise important questions about the role of different courtroom actors in contributing to racial and ethnic disparities under sentencing guidelines.     

TRANSFERRED JUVENILES IN THE ERA OF SENTENCING GUIDELINES: EXAMINING JUDICIAL DEPARTURES FOR JUVENILE OFFENDERS IN ADULT CRIMINAL COURT*

This study contributes to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two states, one with presumptive sentencing guidelines (Pennsylvania) and one with voluntary guidelines (Maryland). Propensity score matching is first used to create more comparable samples of juvenile and young adult offenders, and then Tobit regressions are employed to estimate the effect of juvenile status on the likelihood and length of departures. Our findings indicate that juvenile status significantly affects the use of upward departures in Pennsylvania, and the use of both downward and upward departures in Maryland. Judicial reasons for departure are examined to provide additional insight into the complex dynamics surrounding exceptional sentences for juvenile offenders sentenced in adult court.     

THE POWER OF DIVERSION: INTERMEDIATE SANCTIONS AND SENTENCING DISPARITY UNDER PRESUMPTIVE GUIDELINES*

Fiscal constraints and shifting political climates in corrections have recently led to a renewed interest in intermediate punishments. Despite their growing prevalence, though, relatively little empirical research has examined the judicial use of alternative sanctions as a sentencing option. By using 3 years of data from the Pennsylvania Commission on Sentencing (PCS), this study investigates little‐researched questions regarding the use of sentencing alternatives among offenders and across contexts. Results indicate that male and minority offenders are the least likely to receive intermediate sanctions, both as a diversionary jail or prison sentence and as a substitute for probation. The probability of receiving an intermediate sanction also varies significantly across judges and court contexts and is related to county‐level funding for these programs, among other factors. Findings are discussed as they relate to contemporary theoretical perspectives on the perceived suitability of intermediate punishments and on the unique role that offender agency plays in the sentencing of these cases. Directions for future research are discussed.     

ROLE OF THE STREET NETWORK IN BURGLARS' SPATIAL DECISION‐MAKING*

Explaining why crime is spatially concentrated has been a central theme of much criminological research. Although various theories focus on neighborhood social processes, environmental criminology asserts that the physical environment plays a central role by shaping people's activity patterns and the opportunities for crime. Here, we test theoretical expectations regarding the role of the road network in shaping the spatial distribution of crime and, in contrast to prior research, disentangle how it might influence offender awareness of criminal opportunities and the supply of ambient guardianship. With a mixed logit (discrete choice) model, we use data regarding (N = 459) residential burglaries (for the first time) to model offender spatial decision‐making at the street segment level. Novel graph theory metrics are developed to estimate offender awareness of street segments and to estimate levels of ambient guardianship, distinguishing between local and nonlocal guardianship. As predicted by crime pattern theory, novel metrics concerning offender familiarity and effort were significant predictors of residential burglary location choices. And, in line with Newman's (1972) concept of defensible space, nonlocal (local) pedestrian traffic was found to be associated with an increase (decrease) in burglary risk. Our findings also demonstrate that “taste” preferences vary across offenders, which presents a challenge for future research to explain.     

NOTES AND REVIEW ARTICLES TOO LATE?

¹ UNITED EUROPE: CHALLENGE AND OPPORTUNITY. By WALTER HALLSTEIN.
EUROPEAN RECKONING: THE SIX AND BRITAIN'sFUTURE. By E. STRAUSS.
THE CHALLENGE OF THE COMMON MARKET. By U. KITZINGER.
BRITAIN AND THE NEW EUROPE. By M. SHANKS and J. LAMBERT.