Prospects for Distributive Justice Theory

Theoretical progress is essential to the viability of any scientific subdiscipline. Ever since a growth spurt in the 1980s, however, and despite a very active research enterprise, distributive justice theory has developed very little. Our approach is first to discuss the role that theory plays in disciplinary growth. After noting the indicators of stagnation in distributive justice areas, we identify key problems with the way distributive justice theories are constructed and evaluated. Specifically, little attention is paid to the clear definition and consistent use of theoretical terms, or to the construction of explicit logical arguments from which empirical hypotheses may be derived. Weaknesses in these areas all but prohibit the evolution of improved theories over time. We conclude with a set of evaluative criteria that, if applied collectively by members of the field, would optimize the chances for theoretical progress. Ultimately this also would lead to more efficient empirical tests and better-informed practical applications of distributive justice theories.     

Revisiting prediction models in policing: Identifying high-risk offenders

The use of prediction models for classifying offenders has been a common practice by the criminal justice system. Given the recent developments in criminal career research and continuing evidence that a small proportion of chronic offenders are responsible for the majority of crime, there is a continued need to identify high-risk offenders early on in their offending careers. The present study provides support for the accuracy of an innovative prediction instrument that was developed for identifying high-risk offenders in a rural county in a southern state. Offender risk classification was found to be associated with reoffending across different dimensions of assessment and the high-risk offenders had accumulated a greater mean number of arrests upon six-month follow-up when compared to the medium and low-risk offenders. Policy implications and directions for future research incorporating prediction models in policing are also discussed.     

Developmental trajectories of nonsocial reinforcement and offending in adolescence and young adulthood: An exploratory study of an understudied part of social learning theory

Purpose

Within social learning theory, nonsocial reinforcement has been hypothesized to have a link with offending. The purpose of the present study was to address two questions: (1) Does nonsocial reinforcement change or remain stable over time? And (2) does nonsocial reinforcement have a reciprocal link with offending, as Wood et al. (1997) would expect?

Methods

We used a subsample (N = 413) of the National Longitudinal Survey of Youth (NLSY) data and semi-parametric group-based modeling (SPGM).

Results and Conclusions

The SPGM suggested three distinct groups of nonsocial reinforcement (one trajectory group appeared to have a low but stable rate of nonsocial reinforcement, one trajectory appeared to be higher but stable, another trajectory higher but also stable). A cross-tabulation of the nonsocial reinforcement trajectories and offending trajectories indicated that offending increased as nonsocial reinforcement became greater. Study limitations and implications are also discussed.     

A Critical Examination of the “White Victim Effect” and Death Penalty Decision-Making from a Propensity Score Matching Approach: The North Carolina Experience

Purpose

Death penalty research has rather consistently demonstrated a statistically significant relationship between defendant race and victim race in general, and for the Black defendant/White victim race dyad specifically. The bulk of this evidence has been derived from correlational studies and from cases over relatively condensed time frames.

Methods

The current study uses data from North Carolina (n = 1,113) over several decades (1977–2009) to evaluate the link between defendant/victim racial dyad and jury death penalty decision-making.

Results

Results suggest that there is an apparent “White victim effect” that can be observed in death penalty decision-making in traditional logistic regression models. Yet, once cases are matched via propensity score matching on approximately 50 case characteristics/confounders including the type of aggravators and mitigators accepted by the jury in addition to the number of aggravators and mitigators accepted, the relationship is rendered insignificant. Furthermore, these results hold for a defendant of any race killing a White victim and for the “most disadvantaged” situation for Black defendants (e.g., cases with White victims).

Conclusions

The “White victim effect” on capital punishment decision-making is better considered as a “case effect” rather than a “race effect.”     

Is Violence Bad for Your Health? An Assessment of Chronic Disease Outcomes in a Nationally Representative Sample

Longitudinal offending research has grown substantially in the last two decades. Despite this increased scholarly attention, longitudinal investigations of the effects of offending on physical health have not kept pace. Acknowledging the intersections of criminology, criminal justice, and public health, this study examines the relationship between violent offending and chronic diseases among a nationally representative longitudinal sample of young adults. Results suggest that variation across offender typologies (i.e. adolescence-limited, adult-onset, and consistent violence during youth and young adulthood) significantly predicts experiencing chronic disease in early adulthood, with the risk being the most pronounced among those individuals, who demonstrate violence continuity. Study limitations and policy implications are discussed.     

State sovereign standing: often overlooked, but not forgotten

Critics of Virginia's challenge to the constitutionality of the Patient Protection and Affordable Care Act have asserted that Virginia lacked standing to even raise the issue. Such criticism is inconsistent with foundational understandings of the role of states in providing a check on federal power and with the modern standing jurisprudence of the Supreme Court, especially as reflected in the Court's decisions regarding a state's sovereign interest in defending its code of laws. This Article demonstrates that, as a matter of constitutional design and history, as well as under relevant precedents, Virginia clearly had and has standing to bring its challenge.     

Why Not Let Kids Be Kids? An Exploratory Analysis of the Relationship Between Alternative Rationales for Managing Status Offending and Youths’ Self-Concepts

Over the past several decades, the juvenile justice system has struggled with an effective response to status offenders and their unwanted behaviors. Three divergent rationales have emerged for handling these youth: (1) treatment, (2) deterrence, and (3) normalization. Using data from over 300 youth under supervision by agencies in three states, the current study assesses how these differing practices are related to youths’ self-concepts. Results provide support for both deterrence and normalization-based rationales over the historical treatment-based rationale. Viewing status offending as normal adolescent behavior (i.e., normalization) has the most beneficial effect on self-concept. Study limitations and directions for future research are discussed.     

Reliability of a two-dimensional footprint measurement approach

Although footprint evidence can be taken from the scene of a crime, the science underpinning such measurement in forensic science has not been fully explored.A literature search revealed various measuring approaches, all of which demonstrated either little or no measurement rigour in terms of reliability. The aim of this study was to apply a robust measurement approach for testing the reliability of two-dimensional footprint impressions.Three dynamic and three static footprints were taken from the right foot of thirty female and thirty one male volunteers using the ‘Inkless Shoeprint Kit’. The images were digitised. Lengths, widths and angles were measured using a selection of currently employed methods.An investigation of the reliability of the chosen measuring method suggested high intra-rater agreement: for example, the length measurement suggested an intraclass correlation coefficient (ICC) 0.99, 95% Confidence Interval (CI) ? 0.28 to 0.01, standard error of measurement (SEM) 0.07, Limits of Agreement (LOA) ? 0.91 to 0.65.Inter-rater reliability between three operators was also high: SEM ranged from 0.05 mm to 0.07 mm, ICC 0.99.Our study has established a reliable two-dimensional measuring technique that could be used for footprint comparison in further research.