Is overpunishment fairer than underpunishment? Perceptions of deviations from equity

Abstract

Three studies are presented which test hypotheses derived from Equity Theory, Prospect Theory and the principle of Diminishing Marginal Value with regard to preferences for overpunishment and underpunishment in the assignment of penalties to offences of varying severity. The first two studies showed that, with different subject samples, offences, and kinds of punishments, subjects indicated a marked preference for over-punishment rather than underpunishment, when both over punishment and under-punishment deviated from ideal, or equitable, punishment to the same degree. However, the effect was only apparent for serious offences. A third study showed that the overpunishment preference for a serious offence existed even when the overpunishment deviated 30% more from ideal punishment than underpunishment, but again no preference was shown' for the less serious offence. As the results cannot be readily explained in terms of any of the three explanatory principles, a possible explanation in terms of concept of negative reciprocity is advanced.     

Are the misinformed more punitive? Beliefs and misconceptions in forensic psychology

Misconceptions about psycho-legal issues are widespread and threaten the fabric of our legal system. The present study examines how misconception endorsement is related to tough-on-crime beliefs and sentencing decisions. Two hundred and fifty-six students completed a 50-item questionnaire assessing misconceptions related to forensic psychology and determined sentences in four mock-jury scenarios at the beginning and end of an introductory forensic psychology course. Misconception endorsement decreased significantly from 32% to 21%, with every subscale (police and interrogations, service provision, mental illness, memory and cognition, tough on crime) experiencing a significant decrease from pre-test to post-test. This drop in endorsement is meaningful, as misconceptions and beliefs are typically very difficult to change. Additionally, misconception endorsement was positively correlated with tough-on-crime beliefs and punitive (mock) sentencing. This study provides a valuable resource for endorsement rates of psycho-legal misconceptions and the propensity of individual misconceptions to change. It also makes a strong argument for the usefulness of psychology and law courses in reducing potentially harmful misconceptions and tough-on-crime beliefs.     

Posttraumatic stress disorder symptom severity and fear of personal crime: exploring their interrelationship as a function of risk estimation

Both trauma psychology and criminology have studied the psychological correlates of crime victimization. While the former discipline has primarily focused on the development of posttraumatic stress disorder (PTSD) among crime victims, the latter has particularly studied the association between history of victimization and fear of crime. A major difference between both concepts is that PTSD is experienced in relation to previous victimization, while fear of crime does not necessarily follow from previous victimization and is primarily experienced in anticipation of possible future victimization. Despite their different orientations, both perspectives share one central tenet: they both argue that feelings of anxiety are accompanied by increased perceptions of risk for future victimization. Given this theoretical overlap, both types of anxiety may correlate with each other. The current study explored this topic in a sample of Dutch university students (N = 375) and found that PTSD symptom severity and fear of crime were significantly associated with each other, both in univariate and multivariate analyses. This association was stronger for participants who scored higher on perceived risk of personal crime victimization than for those who scored lower. Results were discussed in light of study limitations and directions for future research.     

Juvenile Justice in Scandinavia

The main issue is the legal protection of children and juveniles suspected of or convicted for crime. The age of criminal responsibility is 15 years in the countries concerned. Particular juvenile justice systems do not exist in Scandinavia. There are, however, exceptions from the general system in order to maintain needs, interests and rights of children and juveniles. Some common characteristics are described, for instance diversion of juveniles from prison into social welfare measures and the prohibition of placing children in jail. Individual characteristics are pointed out as well. Introduction of secure social institutions as an alternative to imprisonment in Sweden and Denmark is one, mediation processes with children as parties in Finland and Norway is another. It is argued that from the point of view of legality the demands for legal rights are of greatest importance in prosecution and punishment matters, whereas social welfare support is not to the same degree concerned about such questions. Furthermore it is argued that in spite of good intentions the Scandinavian countries challenge the UN Convention on the Rights of the Child, by not definitely prohibiting the possibility of a juvenile serving a prison sentence together with adults. It is stated that the distance between constructive pragmatism and destructive loss of principles as legality, equality and proportionality may be short. Crime trends are not linked to the politics: there is no relation between crime rates and political attention to crime. Juvenile justice has increasing political attention these years while the crime rates tend to be stable. In relation not solely to the economy and the Convention but first and foremost in the interest of children and juveniles more thought should be given to scientific experiences about early and appropriate prevention.     

Fear of Crime in the Swedish Daily Press—Descriptions of an Increasingly Unsafe Society

Fear of crime is a subject that is described increasingly often in the daily press. In spite of this, very few studies have examined how the press describes fear of crime. This article focuses on how fear of crime is presented, in what context, and who is labelled as fearful in the Swedish daily press. The theoretical frameworks are theories about the risk society and how fear of crime can be understood in a society characterized by risk, uncertainty, and worry. The current study analyses articles from four national daily newspapers employing a qualitative, thematic content analysis. In the analysis, four principal themes were distinguished: fear of crime defined, fear of crime personified, fear of crime situationalized, and fear of crime contextualized. The articles examined describe an increasingly unsafe society characterized by rising crime, particularly in the suburbs, which is producing fear among women and children. Male police officers are also described as being afraid and as no longer being able to protect the public. The daily press establishes clearly who should be afraid of crime, which crimes produce fear, and where and why people are afraid. The articles formulate special ways of describing fear of crime, in which fear appears as a natural and expected reaction to life in an increasingly unsafe and violent society.     

Ex-Pirates in Somalia: Processes of Engagement,Disengagement, and Reintegration

This study addresses how and why individuals in Somalia get involved in piracy activities, and how and why some of these individuals eventually disengage from such criminal groups. Based on qualitative interviews with 16 ex-pirates and pirate associates and a number of other locals and experts, the study provides first-hand insights into some of the conditions, circumstances, and processes which may serve to discourage involvement and continued engagement in piracy. Furthermore, it analyses factors and circumstances which may encourage and facilitate disengagement from these criminal activities and reintegration into non-criminal economic activities and social relationships. The lack of employment and livelihood motivated individuals to engage in piracy. However, disappointment about the lack of expected profit, coupled with the prospect of a licit income, influenced some to end their piracy involvement. Another important factor was the strong statements by local Muslim leaders that piracy was haram (forbidden). This was often reinforced by family and community objections to their involvement in piracy. Family members also played important roles in facilitating their disengagement. The ‘Alternative Livelihood to Piracy’ project played a positive role in facilitating disengagement from piracy, working closely with local religious leaders and the communities.     

Policing of Political Protest. The Security Police's Control of the Extra-parliamentary Opposition in Sweden During and after the Cold War

Throughout history, those in power have monitored and exercised control over individuals and groups who have been perceived as representing some form of threat to their power. Irrespective of the system of government in place, political crime is a matter of central interest to a society's security police. Political crimes are often committed by extra-parliamentary groups or organizations. The focus of this paper is how the Swedish secret police (SÄPO) have acted against what they have perceived as the extreme left, mainly anarchists and autonomists, during and after the cold war. Did SÄPO's perception of this part of the extra-parliamentary opposition change when the cold war was over in the early 1990s? Were these groups and individuals perceived as the new enemy in the threat vacuum that temporarily arose in the aftermath of the cold war? Furthermore, had the new security concept that was introduced at that time any impact on SÄPO's activities?     

Crime Victims and the Social Services: Social Workers' Viewpoint

The aim of this article is to analyse how social workers in the social services describe crime victims and their role in supporting these victims. Based on focus groups with social workers in the social services, it is established that social workers discriminate between a categorical understanding of crime victims and an assessment of individuals in need. The categorical understanding of crime victims is connected to weakness and innocence, and the discussions are constructed with a focus on women and children. However, when the social workers move beyond this idea and describe individual victims of crime they have met, they attribute a more complicated picture and acknowledge the complexity of crime and victimization. The social workers give themselves a vague role regarding support to victims of crime. They consider themselves as able to connect individuals in need with helping resources, but they do not regard themselves as resources in this area. According to the social workers, an individual should not receive support from the social services just because he or she is categorized by them as a victim of crime. One conclusion is that the category ‘crime victims’ has not gained acceptance among the social workers.     

Drug-Related and Economic Crime Among Unauthorized Latino Immigrant and Other Arrestees in California

Abstract

This paper employs 1994-1996 California Drug Use Forecasting (CALDUF) and 1994 Los Angeles County Mexican Immigrant Residency Status Survey (LAC-MIRSS) data to estimate the level and determinants of drug-related and economic crime among unauthorized Latino immigrant and other arrestees in California. Controlling for various potential individual, contextual and geographic determinants, logistic regression results suggest the use of illicit drugs, having entered the United States more recently and residing in a home without paying any rent or mortgage positively-and residing in a home where another is dependent on an illegal substance negatively-influenced being apprehended for a drug-related crime. Although being an unauthorized Latino resident also had no effect on having been arrested for an economic crime, U.S.-born blacks and Latinos as well as non-Latino immigrants were each more likely than non-Latino U.S.-born whites to be arrested, as were younger females. Working full time and depending on another for a place to live diminished the probability. In sum, although illicit drug use augmented the probability of having been arrested for a drug-related crime, neither this nor unauthorized residency status among Latinos increased the likelihood of being arrested for an economic crime. A concluding section discusses several policy implications.