The role of the sociologist as mitigation expert in a sentencing hearing

This paper examines Louisiana’s habitual offender statute and the role of a sociologist as a mitigation expert/criminologist in a specific case. The paper includes a summary of the habitual offender statute; the literature/theories used by the sociologist in his testimony; the trial judge’s decision; and the decision of the three-judge panel of the appellant court, particularly the minority opinion. The case has been returned to the district court for re-sentencing and the trial judge is under no obligation to accept the panel’s decision; but in practice must justify any lenient sentence. The use of sociology as mitigation in criminal cases generally is discussed. The author has worked in over 300 criminal cases since 1988, most of which were capital murder, but also include second-degree murder, manslaughter, armed robbery, rape, and habitual offender hearings.     

Sexually violent predators and civil commitment: is selection evidence based?

Sexual offenses represent an alarming proportion of crimes committed yearly. To address these concerns, several states, including South Carolina (SC), have enacted laws requiring sexually violent predators (SVPs) to be civilly committed to treatment. To date, no published study has examined sexual offenders recommended for treatment in SC. This study used a specially designed statewide database (SC-SVP research database) to determine which offender and offense characteristics were associated with increased likelihood of being recommended for civil commitment. Factors correlated with being more likely to be recommended included: being of a younger age at time of evaluation, prior sex convictions, having related and unrelated victims, a higher number of victims, frequent substance use, and a history of suicide attempts. Prior sex convictions, having both related and non-related victims, and a higher total number of victims align with characteristics associated with sexual recidivism. Frequent substance abuse and a history of suicide attempts do not mirror previous findings regarding sexual recidivism. These findings present new information regarding the civil commitment process of offenders being committed to the SC-SVP treatment program, characterize types of offenders committed to SC-SVP treatment program, and provide a foundation for using a computerized database in conducting sex offender research.     

The fear of reprisal and the failure of victims to report a personal crime

Most people who fail to report their victimizations to the police state either that the incident was not serious enough to warrant official attention or that nothing could be done. However, a small proportion of victims states that they did not report because of their fear of reprisal. Based on National Crime Panel victimization data, the offense and personal characteristics of these victims are contrasted with the total victim and nonreporting victim populations. Contrary to the general reasons for not reporting a crime, several personal and offense characteristics are related to reprisal. For instance, reprisal is more often a factor in personal victimizations where victims are female and acquainted with their offenders. The more dangerous the incident, the more often reprisal is the stated reason for not calling the police. The results of the analysis strongly suggest that in certain social environments the fear of reprisal is a major factor in the reporting of crime.     

Can electronic monitoring reduce crime for moderate to high-risk offenders?

Electronic monitoring (EM) of offenders has been in use for just over two decades and motives for using it remain diverse. Some agencies that use EM attempt to deliver humane and affordable sanctions while others seek to relieve jail crowding or to avoid the construction of new jails. Nonetheless, all EM programs aim to suppress the criminal behavior of offenders being monitored and its advocates have always hoped EM could be instrumental in reducing long-term recidivism. This review investigates the history of EM and the extent to which EM empirically affects criminal behavior in moderate to high-risk populations. All available recidivism studies that included at least one comparison group between the first impact study in 1986 and 2002 were considered for the review. Although variants such as GPS tracking and continuous testing for alcohol in perspiration have recently emerged, no studies of these technologies were found that met the review’s inclusion criteria. Studies are examined and combined for meta-analysis where appropriate. Given its continued and widespread use and the dearth of reliable information about its effects, the authors conclude that applications of EM as a tool for reducing crime are not supported by existing data. Properly controlled experiments would be required to draw stronger conclusions about the effects of EM.     

An investigation into the differentiating characteristics between car key burglars and regular burglars

Car key burglary has recently become the focus of empirical investigation as offenders, no longer able to steal vehicles without first obtaining their keys, resort to "burgling" target properties. Research surrounding the modus operandi of these offenses is beginning to emerge; however, little attention has been paid to investigating the characteristics of car key burglary offenders. Challenging the assumption that car key burglary offenses are perpetrated by regular burglars, this study aims to differentiate between offenders. Logistic regression analysis of 110 car key and 110 regular burglary offenders revealed that car key burglars are more likely to have previous vehicle theft convictions and are also more likely to be detected on information supplied to the police than regular burglars. Regular burglars are more likely to have previous shoplifting convictions. It was concluded that car key burglars are a distinct sample of offenders and the implications of these findings are discussed.     

Maternal Separations During the Reentry Years for 100 Infants Raised in a Prison Nursery

Prison nurseries prevent maternal separations related to incarceration for the small subset of children whose pregnant mothers are incarcerated in states with such programs. For a cohort of 100 children accepted by corrections into one prison nursery, subsequent separation patterns are analyzed. The largest numbers are caused by corrections' removal of infants from the nursery and infants reaching a one-year age limit. Criminal recidivism and substance abuse relapse threaten continued mothering during reentry. Focused and coordinated services are needed during prison stay and reentry years to sustain mothering for women and children accepted into prison nursery programs.     

Low Self‐Control and Contact with the Criminal Justice System in a Nationally Representative Sample of Males

Prior research on law enforcement and court system actions suggests that offender demeanor influences practitioner decision making. However, few studies have examined a key implication of this body of work—namely, criminogenic factors associated not only with offending but also with demeanor may result in a greater likelihood of contact with and formal processing by law enforcement and the courts. Using data from the National Longitudinal Study of Adolescent Health, we test the hypothesis that low self‐control, which is associated with a range of characteristics that might influence practitioner perceptions of individual offenders’ demeanors, will predict greater contact and formal processing. Briefly, we found that low self‐control was consistently related to criminal justice system involvement as measured by police contacts, arrests, age at first police contact, and arrest onset. The implications of the findings for theory and research are discussed.     

The Effect of Racial Inequality on Black Male Recidivism

Macrostructural opportunity theorists posit that the unequal distribution of economic resources across racial groups promotes animosities among disadvantaged minorities, disrupts community integration, and fosters criminal activity. Guided by this framework, we hypothesize that Black ex‐prisoners who reenter communities with high levels of racial inequality are more likely to commit new crimes. Support for this argument is found for a large group of males (N = 34,868) released from state prisons to 62 counties in Florida over a 2‐year period. We also find evidence that racial inequality amplifies the adverse effects of person‐level risk factors on recidivism for Black ex‐inmates. In comparison, the effect of inequality on White male recidivism is far less meaningful. These findings underscore the need for researchers to consider social context when studying recidivism among Black males, and also support the efforts of correctional reformers who advocate for state resources to assist prisoner reentry.     

Does a Rising Tide Lift All Boats? Labor Market Changes and Their Effects on the Recidivism of Released Prisoners

The dramatic growth in incarceration nationally has increased attention to the factors that influence recidivism among ex-prisoners. Accordingly, scholars have called for research that identifies factors, such as employment opportunities, that may influence reentry experiences. Few studies, however, have examined how changes in labor market conditions affect ex-prisoner offending. Drawing on prior scholarship, this study examines the effect of such changes on the recidivism of ex-prisoners and, in particular, how the recidivism among blacks and whites may be differentially affected by changes in labor market conditions in the areas to which they return. The analyses indicate that, among black male ex-prisoners, labor market declines increase violent recidivism. They also indicate that, among white male ex-prisoners, the effects are more tenuous, influence only property recidivism, and are moderated by prior labor market conditions and criminal history. Implications of the study are discussed.