HOW JUDGES THINK ABOUT RACIAL DISPARITIES: SITUATIONAL DECISION‐MAKING IN THE CRIMINAL JUSTICE SYSTEM*

Researchers have theorized how judges’ decision‐making may result in the disproportionate presence of Blacks and Latinos in the criminal justice system. Yet, we have little evidence about how judges make sense of these disparities and what, if anything, they do to address them. By drawing on 59 interviews with state judges in a Northeastern state, we describe, and trace the implications of, judges’ understandings of racial disparities at arraignment, plea hearings, jury selection, and sentencing. Most judges in our sample attribute disparities, in part, to differential treatment by themselves and/or other criminal justice officials, whereas some judges attribute disparities only to the disparate impact of poverty and differences in offending rates. To address disparities, judges report employing two categories of strategies: noninterventionist and interventionist. Noninterventionist strategies concern only a judge's own differential treatment, whereas interventionist strategies concern other actors’ possible differential treatment, as well as the disparate impact of poverty and facially neutral laws. We reveal how the use of noninterventionist strategies by most judges unintentionally reproduces disparities. Through our examination of judges’ understandings of racial disparities throughout the court process, we enhance understandings of American racial inequality and theorize a situational approach to decision‐making in organizational contexts.     

Criminal Careers in Cyberspace: Examining Website Failure within Child Exploitation Networks

Publically accessible, illegal, websites represent an additional challenge for control agencies, but also an opportunity for researchers to monitor, in real time, changes in criminal careers. Using a repeated measures design, we examine evolution in the networks that form around child exploitation (CE) websites, over a period of 60 weeks, and determine which criminal career dimensions predict website failure. Network data were collected using a custom-designed web-crawler. Baseline survival rates were compared to networks surrounding (legal) sexuality and sports websites. Websites containing CE material were no more likely to fail than comparisons. Cox regression analyses suggest that increased volumes of CE code words and images are associated with premature failure. Websites that are more popular have higher odds of survival. We show that traditional criminal career dimensions can be transferred to the context of online CE and constitute some of the key determinants of an interrupted career.     

A Criminal Career Study of the Continuity and Discontinuity of Sex Offending during the Adolescence-Adulthood Transition: A Prospective Longitudinal Study of Incarcerated Youth

Longitudinal research has seriously challenged assumptions that juvenile sex offenders (JSO) are characterized by high level of dangerousness, mental health problems, and crime specialization in sex offenses. The current study examines the longitudinal pattern of offending among a sample of JSO and a sample of juvenile nonsex offenders. The research design includes longitudinal data over a nine-year period allowing the examination of offending patterns and the crime mix from age 12 to age 23. The findings highlight that, while JSO are prone to persist offending in adulthood, there is limited continuity of sex offending. Further, the findings stress the importance of taking into account nonsexual juvenile delinquency, more specifically, youth violence, to make a better assessment of early adult offending outcomes of JSO.     

Imprisonment and co-offending: results from a 10-year follow-up study

A recurring question in criminological research is whether prisoners meet new accomplices in prison. This article’s objective is to study co-offending among individuals who have served prison sentences. The frequency of co-offending among individuals who have been in the same prison at the same time will be examined. If gender, age, type of prison, offence type and prior experience of co-offending are significant for this type of co-offending will also be examined. The study population comprised all inmates released from a Swedish prison during a half year in 2001–2002 (n = 3.930). The follow-up period is 10 years. The results show that only 3% of those who have been in the same prison at the same time are suspected of committing offences together subsequent to release. The likelihood of being suspected of committing an offence together following the conclusion of a joint stay in the same prison is higher for those released from a closed prison who are aged 31–40, and who had committed large proportion of their offences together with others prior to the relevant prison sentence. The results suggest that the concept of criminal capital is not important for future co-offending after a joint stay in prison.     

Young and armed: a cross-sectional study on weapon carrying among adolescents

The purpose of this study was to identify empirically, for the first time in France, the prevalence of adolescent weapon carrying with particular focus on the contribution of a broad range of social bonding, strain, social learning, and sociodemographic predictors. A multivariate logistic regression model was conducted using a backward elimination procedure to identify the significant predictors of weapon carrying controlling for age, gender, and SES in a sample of 12,706 French youth aged 11–19 years. Results revealed that the odds of weapon carrying increased among adolescents who suffered from past victimization, who had a negative relationship with their mother, and who repeated a grade at school. Moreover, holding pro-delinquent beliefs and having delinquent peers also increased the odds of weapon carrying. Our findings highlight the importance of the interpersonal and social context when examining the determinants of weapon carrying and showed a unique contribution of components of social bonding, strain, and social learning in weapon carrying among adolescents.     

《反恐法》中的境外反恐问题研究

恐怖主义犯罪已成为当今世界各国面临的头号安全问题。恐怖主义犯罪不仅造成严重的人员伤亡、财产损失,还对民族团结和国家统一带来了恶劣影响。为此,我国颁布了《反恐怖主义法》以严厉打击恐怖主义犯罪。其中,境外反恐成为一大亮点。境外反恐具有多方面的必要性。当前,我国在境外反恐上存在反恐合法性、管辖权、恐怖主义犯罪认定与程序、证据交换、境外侦查与引渡等现实难题。对此,我们可以通过建立新型反恐刑事司法合作机制,完善国内立法与司法,以及加强与他国反恐合作等方式予以解决。     

强奸案件证据标准与证明方法的实证分析

强奸案件的证据采信问题在司法实践中颇受争议,出现这种现象的主要原因在于其直接证据的稀缺。针对强奸案件的证据收集和运用中所存在一系列的疑难情形,司法机关不必追求证据之间无任何矛盾,而要从全案证据出发,采取"自由心证"与"相互印证"相结合的证明方法,并运用对质制度,做到完整证据链条支持下的内心确认即可。