Statistical Procedures for Analyzing Factors Affecting Judicial Sentences Using Simultaneously Derived Crime Seriousness and Sentence Severity Scales

A variety of characteristics of the defendant, the case, and the court potentially could affect judicial sentences. Building on a recently published method for scaling the seriousness of the crimes and the severity of sentences, this paper describes procedures for investigating factors affecting sentence severity. An empirical example illustrates the procedures, as well as the problems of interpretation and analysis that arise in statistical studies of sentencing.     

Using Cosponsorship to Estimate Ideal Points

Ideal point estimates based on roll‐call vote results have provided leverage for a variety of theory testing efforts. Recently, scholars have suggested using cosponsorship data as a proxy for roll‐call votes. Conceptually similar to roll‐call votes, cosponsorship data are appealing for a variety of reasons. However, the data‐generating process for cosponsorship is untheorized and little studied. We examine the properties of ideal point estimates from cosponsorship data. We find that the ability to estimate ideal points from cosponsorship data is contingent on the underlying data‐generating process; reliance on such measures requires strong and often unrealistic assumptions.     

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.     

Tactics,traditions and opportunities: British and French crop‐trashing actions in comparative perspective

This article compares the tactic of trashing genetically modified crops in activist campaigns in Britain and France. In Britain, most crop trashing was carried out covertly, while in France most activists undertook open, public actions. In seeking an explanation for this, the article shows that the analysis of political opportunities, dominant in comparative studies of social movements, can only take us so far. While it helps explain the occurrence of direct action, it is much less useful in explaining the tactical differences between each country. It is argued that a fuller explanation requires an understanding of how action was shaped by different activist traditions. In France, action was staged as a demonstration of serious, responsible, collective Republican citizenship; in the United Kingdom, activists combined a sceptical view of legality developing from anarchist individualism with an explicitly non‐threatening, playful, ethos. The article concludes that a focus on activist traditions can provide an effective bridge between structural and cultural approaches to understanding the determinants of social movement action.     

A. D. Woozley and the Concept of Right Answers in Law*

Abstract. In the debates about legal determinacy, an important but often neglected issue is what is meant in the legal context by saying that a question has a right answer. By way of a critique of A. D. Woozley's discussion of “right answers,” I try to show how this issue is connected with issues of legal truth, legal mistake, and precedent.     

ISSUES AND MISCONCEPTIONS IN PRISONER LITIGATION: A CRITICAL VIEW*

In the past quarter-century, the number of suits filed by prisoners in federal courts has substantially increased. Critics have borrowed metaphors from ballistics or pathologv to describe this increase as an “epidemic” of “legal pollution” or an “explosion.” The causes of this “hyperlexis,” or excessive litigation, are often attributed to prisoners' attempts to retry their cases once they have lost, or to some psychological attribute of plaintiffs who view litigation as a means of striking back at their keepers. This paper examines several common conceptions of prisoner litigation. National ling data from federal district courts are used to assess the merits of each. The data provide little support for many of the conceptions of and explanations for prisoner suits. It is suggested that prisoners' use of courts may be a form of social resistance to conditions for which there is no other legitimate avenue for relief: