THE SOCIAL CONTEXT OF GUIDELINES CIRCUMVENTION: THE CASE OF FEDERAL DISTRICT COURTS*

Recent scholarship on criminal punishments increasingly highlights the importance of courtroom social contexts. Combining recent data from the U.S. Sentencing Commission (FY1997–2000) with aggregate data on federal districts, the current study examines interdistrict variations in the application of downward departures from the federal sentencing guidelines. Findings indicate that substantial variation exists in the probability of both prosecutor‐initiated substantial assistance departures and judge‐initiated downward departures. This variation is accounted for, in part, by organizational court contexts, such as caseload pressures, and by environmental considerations, such as the racial composition of the district. Additional evidence suggests that individual trial penalties and race disparities are conditioned by aggregate court contexts. Drawing on interviews with federal justice personnel, this article concludes with a discussion of future directions for research on federal guidelines departures. Part of the glory of the federal system…is that you've got this one big organization, but it can be molded to different needs…
‐ An assistant U.S. attorney ‐     

THE MULTILEVEL CONTEXT OF CRIMINAL SENTENCING: INTEGRATING JUDGE‐ AND COUNTY‐LEVEL INFLUENCES*

This study extends recent inquiries of contextual effects in sentencing by jointly examining the influence of judge and courtroom social contexts. It combines two recent years of individual sentencing data from the Pennsylvania Commission on Sentencing (PCS) with data on judicial background characteristics and county court social contexts. Three‐level hierarchical models are estimated to investigate the influence of judge and county contexts on individual variations in sentencing. Results indicate that nontrivial sentencing variations are associated with both individual judge characteristics and county court contexts. Judicial background factors also condition the influence of individual offender characteristics in important ways. These and other findings are discussed in relation to contemporary theoretical perspectives on courtroom decision making that highlight the importance of both judge and court contexts in sentencing. The study concludes with suggestions for future research on contextual disparities in criminal sentencing.     

SOCIAL CLASS AND DELINQUENT BEHAVIOR

The apparent refutation by self-report studies of social class-related theories of juvenile delinquency is critically reviewed. Improper conceptualization and operationalization of “social class” are considered to be primary causes of inconsistent findings. A more appropriate “underclasslearning class” model of stratification is suggested. Although no empirical support is found for a relationship between self-reported delinquent behavior and socioeconomic status of father's occupation. indications are that social class is somewhat more related to self-reported delinquency using the underclass/earning class model. However, there is no reason to expect social class to emerge as a major correlate of delinquent behavior no matter how it is measured.     

DO LOWER COURTS ANTICIPATE CHANGES IN SUPREME COURT POLICIES?: A Few Empirical Notes

This paper takes advantage of the change from the Warren Supreme Court to the Burger Supreme Court to investigate a phenomenon not usually examined in judicial impact research—anticipatory reactions. The research question is whether and under what circumstances federal courts of appeals anticipate changes in policy by the Supreme Court. Changes in the citation of Warren Court civil liberties decisions from the Warren Court era to the early Burger Court era are used to evaluate this question. It is hypothesized that moves away from Warren Court decisions would be greatest for decisions which received minimal support on the Warren Court and for important or salient policies. Contrary to these expectations it was found that during the Burger Court era the number of citations of Warren Court decisions actually increased, the percentage of positive citations increased, and the increases were greatest for decisions receiving minimal voting support on the Warren Court and for decisions classified as important.     

COERCIVE AND NONCOERCIVE ABORTION DETERRENCE POLICIES: A Comparative State Analysis

The Supreme Court's decision in Roe v. Wade ( 1973) limited the authority of states to prohibit abortions during the first two trimesters of pregnancy. Although they can no longer prohibit abortions, state legislatures have adopted a variety of coercive and noncoercive policies that might operate to alter the utilities associated with having or providing abortions. This article analyzes the relative impacts of these policies on two measures of abortion behavior: (1) state abortion rates in 1976 and (2) trends in states' abortion rates from 1973 to 1976. Multiple regression analysis reveals that neither coercive nor noncoercive policies are strongly related to these aggregate measures of abortion behavior .     

Neighborhood and the Police: The People's Republic of China

The neighborhood police station of the People's Republic of China is examined as a form of self-policing. It is an expression of the PRC ideology that is not to be extrapolated directly to the circumstances of Western policing, but the neighborhood police station does illustrate the tendency of law enforcement to emphasize the vertical axis of the community that advances the interests of external power over service to the needs of the neighborhood as conceived by the residents. This conclusion is given substance by analysis of the neighborhood police station's functions in household registration and relationships with public security committees.