Focally Concerned About Focal Concerns: A Conceptual and Methodological Critique of Sentencing Disparities Research

Abstract

“Focal concerns” is the predominant theoretical framework in criminology for explaining disparities in sentencing outcomes. While the framework has generated a large body of empirical scholarship, its postulates remain inadequately tested in the criminological literature. In this paper, I offer a conceptual and methodological critique of focal concerns as it is being deployed in a large body of sentencing research. I first trace the genealogy of the “focal concerns” concept and detail its current articulation. I then describe the body of work that has reduced “focal concerns” to a commonsense psychological construct, and illustrate the fallacies of logic and paucity of direct theory development and testing that weaken the explanatory value of the framework. I conclude by building on Ulmer’s recent call to treat criminal courts as “inhabited institutions” to assess approaches that are more social scientifically robust and empirically testable for understanding how sentencing disparity is produced.     

LEGAL CYNICISM,COLLECTIVE EFFICACY,AND THE ECOLOGY OF ARREST*

Ethnographic evidence reveals that many crimes in poor minority neighborhoods evade criminal justice sanctioning, thus leading to a negative association between the proportion of minority residents in a neighborhood and the arrest rate. To explain this finding, we extend recent theoretical explications of the concept of legal cynicism. Legal cynicism refers to a cultural orientation in which the law and the agents of its enforcement are viewed as illegitimate, unresponsive, and ill equipped to ensure public safety. Crime might flourish in neighborhoods characterized by legal cynicism because individuals who view the law as illegitimate are less likely to comply with it; yet because of legal cynicism, these crimes might go unreported and therefore unsanctioned. This study draws on data from the Project on Human Development in Chicago Neighborhoods to test the importance of legal cynicism for understanding geographic variation in the probability of arrest. We find that, in neighborhoods characterized by high levels of legal cynicism, crimes are much less likely to lead to an arrest than in neighborhoods where citizens view the police more favorably. Findings also reveal that residents of highly cynical neighborhoods are less likely to engage in collective efficacy and that collective efficacy mediates the association between legal cynicism and the probability of arrest.     

INTERROGATING RACE,CRIME, AND JUSTICE IN A TIME OF UNEASE AND RACIAL TENSION

This address has a twofold purpose. First, as the first African American to serve as president of the American Society of Criminology (ASC), I celebrate the contributions of scholars of color to the study of crime and criminal justice and to the ASC. I do so by pointing out the accomplishments of several African American scholars whose contributions are numerous and exemplary. I also emphasize that African Americans are joined in their efforts by scholars of multiple other colors, including, Latinos/as, Native Americans, and Asians. Second, in view of responses to apparent unrest and racial tension in U.S. society that is signaled by lethal violence between police and U.S. residents of color, I offer four recommendations regarding how we might proceed with our research, and report our findings, in ways that improve the likelihood of helping to inform societal debates and policy developments around crime and justice issues. In my conclusion, I encourage the ASC to 1) continue to grow the diversity of its membership and to integrate the research and findings of scholars of color into the mainstream of criminology; and 2) take further steps to conduct research and share findings with diverse audiences to ensure that post‐truth does not become normative regarding crime and justice issues.     

Parental Cultural Affiliation and Youth Mental Health Service Use

Studies indicate that African American, Asian/Pacific Islander, and Latino youth have higher rates of unmet mental health needs and lower rates of mental health service utilization compared to non-Hispanic White youth, suggesting that obstacles may exist in the help-seeking and service utilization pathway for minority youth. Parental cultural factors may significantly impact youth service use, and acculturation is one way to measure adherence to culture specific values, beliefs, attitudes, and behaviors. In this study, parental acculturation level, conceptualized as cultural affinity to 1) mainstream American culture and 2) an alternative culture, were examined as potential mediators of the relationship between race/ethnicity and youth service use. The current subsample (n=1364) was drawn from the Patterns of Care study, a larger study of at-risk youth who were active to at least one of five public sectors of care. Our subsample included all youth aged 6–17 who were African American, Asian/Pacific Islander, Latino, or Non-Hispanic Whites (66.6% male). The results indicate that parental acculturation level as measured by affinity to an Alternative Culture was a partial mediator in the relationship between race/ethnicity and mental health service use for Asian/Pacific Islander and Latino youth. Doctoral student in the SDSU/UCSD Joint Doctoral Program in Clinical Psychology, 6363 Alvarado Court, Suite 100, San Diego CA, graduate research assistant, Child and Adolescent Services Research Center, Children’s Hospital, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123 Assistant Professor of Psychology, San Diego State University; Assistant Adjunct Professor of Psychiatry, University of California, San Diego, Research Scientist, Child and Adolescent Services Research Center, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123 Research Scientist, Child and Adolescent Services Research Center, Children’s Hospital, San Diego, Assistant Professor of Psychology, University of San Diego; Adjunct Assistant Professor of Psychiatry, University of California, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123 Research Professor of Psychiatry and Family and Community Medicine at the University of New Mexico, Adjunct Professor of Psychiatry at the University of California, San Diego; Emeritus Professor of Sociology at San Diego State University; Senior Research Scientist at the Child and Adolescent Services Research Center, Children’s Hospital, San Diego, 3020 Children’s Way (MC 5033), San Diego, CA 92123     

RISK,RACE, AND RECIDIVISM: PREDICTIVE BIAS AND DISPARATE IMPACT*

One way to unwind mass incarceration without compromising public safety is to use risk assessment instruments in sentencing and corrections. Although these instruments figure prominently in current reforms, critics argue that benefits in crime control will be offset by an adverse effect on racial minorities. Based on a sample of 34,794 federal offenders, we examine the relationships among race, risk assessment [the Post Conviction Risk Assessment (PCRA)], and future arrest. First, application of well‐established principles of psychological science revealed little evidence of test bias for the PCRA—the instrument strongly predicts arrest for both Black and White offenders, and a given score has essentially the same meaning—that is, the same probability of recidivism—across groups. Second, Black offenders obtain higher average PCRA scores than do White offenders (d = .34; 13.5 percent nonoverlap in groups’ scores), so some applications could create disparate impact. Third, most (66 percent) of the racial difference in PCRA scores is attributable to criminal history—which is already embedded in sentencing guidelines. Finally, criminal history is not a proxy for race, but instead it mediates the relationship between race and future arrest. Data are more helpful than rhetoric if the goal is to improve practice at this opportune moment in history.     

Assessing the influence of the Columbine shooting on federal sentencing outcomes

School shootings are not a new phenomenon in the United States or internationally. In comparison to other acts of violence experienced by youth, such tragedies are uncommon but garner extensive media attention. The Columbine High School shooting received more attention across a broader range of issues than any other school shooting, with only the Sandy Hook tragedy rivaling it for media attention. In the aftermath of the Columbine shooting, public sentiment regarding violence in schools became a central point of contention that bred fear and panic. Given the embeddedness of judges within the larger community context and the effects of community characteristics on sentencing outcomes, we wondered if the Columbine shooting – via moral panic and community upheaval – might have had an impact on judges imposing criminal sentences. To assess the effect of the Columbine shooting on judicial decision-making outcomes, the current study uses United States Sentencing Commission data from 1998 through 2001. In doing so, it contributes to the extant literature concerning the embeddedness of judges within communities and answers recent call for more research on the temporal context of sentencing disparities.     

RACIAL THREAT,PARTISAN POLITICS,AND RACIAL DISPARITIES IN PRISON ADMISSIONS: A PANEL ANALYSIS*

Why are racial disparities in imprisonment so pronounced? Studies of alternative outcomes in the criminal justice system find positive relationships between minority presence and punitive outcomes. Therefore, it is puzzling that the studies of racial incarceration ratios find negative relationships between this presence and such discrepancies. We use a pooled time‐series design to resolve this dilemma. Successful Republican attempts to link crime with public concerns about a dangerous racial underclass also suggest that where these racial appeals are successful, African Americans should face higher incarceration rates than whites. In contrast to prior research, our results are consistent with findings about other criminal justice outcomes. They show that an inverted, U‐shaped, nonlinear relationship is present between African‐American presence and racial disparities in imprisonments. Additional results indicate that the presence of African Americans in deep southern states and greater support for Republican presidential candidates together with increases in the most menacing crime (which often is blamed on African Americans) also help to explain these discrepant racial prison admission rates.     

Investigating the Relationship Between Intimate Partner Violence and HIV Risk-Propensity in Black/African-American Women

This study explored the relationship between Intimate Partner Violence and HIV Risk-Propensity in African-American women. An anonymous questionnaire was completed by a community based sample of 200 African American women with a varied history of intimate partner violence, to determine whether being in a violent relationship impacts HIV risk. Various statistical techniques, including structural equation modeling (SEM), bivariate correlation analyses and ANOVA were used to examine the data. A strong positive correlation was found to exist between sexual coercion and Intimate Partner Violence. In the effort to fortify prevention strategies, and reduce the rates of HIV infection in African-American women, additional factors that impact disease transmission were discussed. Implications for social work/mental health practice and suggestions for future research were made.     

(Dis)order in the Court: Examining Neighborhood Disorder Prosecutions in Miami-Dade County

Abstract

This study examines race, space, perceptions of disorder, and nuisance crime prosecution in Miami-Dade County, Florida. Research has examined nuisance policing, yet little attention has been devoted to nuisance crime prosecutions, especially at the neighborhood level. Aggregating data on defendants arrested for nuisance offenses from 2012 to 2015 up to the neighborhood level, we estimate count models for pretrial detention, case acceptance, conviction, and sentencing outcomes in neighborhoods. We find two patterns of nuisance crime prosecution. Drug disorder prosecutions are concentrated in economically disadvantaged neighborhoods with large Black defendant populations, suggesting a more suppressive treatment of these “marginalized” spaces. In contrast, greater enforcement of homelessness and alcohol nuisance crimes in White non-Hispanic neighborhoods suggests disorder prosecutions are also used to impose order and containment in more economically “prime” spaces. These countervailing patterns highlight the spatial contingency of nuisance enforcement, whereby prosecutors differentially enforce nuisance crimes in prime and marginalized spaces.