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LO 1-1

Do Men and Women Perceive White-Collar and Street Crime Differently?

Abstract: Public perceptions of white-collar crime have shifted from indifference to awareness based on recent, highly publicized corporate collapses and Ponzi schemes. This research explores perceptions of white-collar crime with a focus on gender. Participants (N = 900) read one of six crime scenarios involving either a white-collar crime (Ponzi scheme, embezzlement, corporate crime) or a street crime (auto theft, burglary, prostitution) committed by a male or female offender. Respondents then rated the behavior on seriousness, harshness of punishment, and offender motivation (i.e., greed and stress). Overall, the results support previously observed patterns showing that citizens see white-collar crime as a serious societal problem. Ponzi schemes are seen as more serious than the three street crimes. The findings also show differences between male and female respondents on the issues of offense seriousness, punishment, and offender motivation, but attitudes toward offenders’ gender are more ambiguous.

LO 1-2

Mandatory Minimum Sentences – DUI

Abstract: Throughout the past 20 years or so, the social construction of driving under the influence (DUI) as a social problem has effectuated changes in both formal and informal social controls over the DUI offender. The imposition of mandatory minimum sentences for DUI offenders appears to be one of the more popular tools of formal social control of late. This study examines the legislative history of Arizona's DUI laws from 1975 through 1995 and the corresponding changes in the DUI arrest rate in the state throughout the course of that same time period. The data suggest that a statistically significant decrease in DUI occurred as a result of the implementation of informal social controls throughout the relevant time frame but that ever-increasing criminal sanctions, including the imposition of mandatory minimum sentences for first-time offenders, have had little or no effect on DUI behaviors in Arizona.

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LO 2-1

Utilizing Mail and Telephone Surveys

Abstract: This article is a report of research that examined violent crime in North Carolina by simultaneously administering telephone and mail surveys to North Carolina residents. The purpose of the research was to determine whether the method of data collection, that is, telephone interviewing versus mail surveys, has any impact on the data collected. The results of the research indicate no difference between the methods.

LO 2-2

Trends in Conflict

Abstract: Previous research has found reduced mortality from aggravated assaults, attributed to medical care improvements. However, aggravated assault has limitations as a longitudinal measure of injuries from violence. The National Crime Victimization Survey (NCVS) can address this by providing estimates of serious injuries from criminal victimization. Their lethality trend is not compatible with the previous finding across 1973 through 1999, remaining stable rather than falling. After 1999, both Uniform Crime Reports (UCR)-and NCVS-based measures indicate increases in lethality. The trend differences raise serious problems of data choice for the researcher.

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LO 3-1

The Insanity Defense

Abstract: This article takes an abolitionist position towards insane automatism (or ‘the insanity defense’). With particular reference to Arlie Loughnan’s concept of ‘manifest madness’, it argues that mentally ill defendants are poorly served not only by the insanity defense as currently formulated, but by any defence which focuses on their status as ‘mentally ill’ rather than the specific excusatory elements of that illness. It contends, however, that advocates for abolition should not assume that existing criminal defenses are currently primed to account for those elements. What is required is a thoroughgoing reform of all criminal defenses, with mentally ill and/or disordered defendants in mind, to which abolition of the insanity defense must be secondary.

LO 3-2

Compensation for Victims

Abstract: This article comprises an overview of the principal normative and operational issues that arise in both common and civil law states’ arrangements for the compensation and reparation of victims of crime. Balancing what are inevitably generalized statements about jurisdictions within federal common law countries and within the European Union, the article illustrates these issues with details drawn from the civil and criminal justice systems of England and Wales. The article begins with some general observations about the ways in which compensation and reparation by offenders and compensation by the state form elements in a state’s overall objectives for victims within its criminal justice system, and addresses the question of what we might understand by ‘compensation’ in a criminal justice context, and how that sits with civil justice. For this purpose ‘compensation’ may be understood both in the compendious sense of any offender or state financial payment in respect of a victim’s loss or injury or of the offender’s direct or indirect restoration of stolen or damaged property, and in its discrete sense of a purely monetary response distinct from the non-monetary responses that characterize ‘reparation’ − responses now widely associated with restorative justice. The article provides some detail on compensation and reparation by offenders as forms of criminal justice disposals, and on the scope and the functions of state compensation schemes.

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LO 4-1

The Informal World of Police Patrol

Abstract: Nineteenth- and early-twentieth-century foot patrolmen did not have friendly contact with all citizens on their beats. Police-citizen relations were sometimes hostile or simply anonymous. Beats embraced large, socially divided populations, which did not always agree on police priorities. This article explores street-level police-citizen relations in New York City in the early twentieth century using disciplinary records, police-oriented newspapers, autobiographies, and other sources. Police-citizen contacts were selective. Merchants, shopkeepers, watchmen, and janitors shared common interests with police, which were strengthened by exchange of goods, services, the use of space, and sympathy and conversation. Police became especially attentive to their concerns about crime and disorder. Few other citizens could establish such links with beat patrolmen. Officers’ relationships on their beats were influential but had significant built-in biases, reinforcing the enforcement of law and control of disorder in ways congruent with the needs and views of neighborhood notables.

LO 4-2

Canine Sniffs and Policing the Drug War

Abstract: The war on drugs has resulted in numerous policing reforms, partly a function of policy established through the court system. In Illinois v. Caballes (2005), the Supreme Court held that a canine sniff of a vehicle’s exterior is not a ‘‘search,’’ but acknowledged that a prolonged detention could result in a Fourth Amendment violation. This study examines the universe of federal appellate court decisions involving canine sniffs postdating the Caballes decision—a period spanning more than 4 years. Results show that court decisions have largely focused on motorist stops, while only a minority of cases has involved canine sniffs of residences. Additionally, courts have usually held that a canine sniff occurring during a prolonged vehicle stop is not an unreasonable seizure. However, in limited contexts police questioning and the extent of the roadside detention can result in a Fourth Amendment violation. Although one’s home is generally afforded the highest level of constitutional protection, appellate courts have ruled that canine sniffs of residences are less intrusive than technologically assisted searches. On the whole, findings reveal an overall suppression rate of 10%. Policy implications surrounding the use of canines in vehicle stops and residential searches are addressed

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LO 5-1

Organizational-Level Police Discretion

Abstract: Research on police behavior suggests that discretion is vital to police decision making. Although discretion can originate from many sources (e.g., officers, situations, structure), relatively few studies examine how organizational variables affect officer discretion. Of the studies that test whether organizational level influences shape discretion, even fewer examine their influence on lethal force. This oversight is notable in light of the overrepresentation of Blacks in lethal force incidents because organizational characteristics and policies may reduce racial disparities in the application of lethal force. Using administrative policy and police department size as proxies for organizational variables, this study tests for organizational effects and examines whether these effects vary by race. Using city-level data from 1980 to 1984, this research examines how organizational limits on discretion affect the volume of lethal force incidents. Negative binomial regression results indicate that administrative policy predicts lethal force incidents for total and Black-specific population models but not White-specific models, and department size predicts lethal force incidents for total and White-specific models but not Black-specific models. Organizational correlates of police discretion seem crucial for understanding officer behavior.

LO 5-2

Female Officers at Greater Risk?

Abstract: Violence against officers is an important topic not only because of the negative consequences to the officer but also because it is at the core of one of the most debated issues regarding female officers—their ability to deal with hostile citizens. Using arrest data from several metropolitan departments, the research compared gender differences in assaults on officers, as well as situational and individual officer factors related to the assaults. The findings suggest that when compared to male officers, female officers are at an increased risk for being assaulted in family conflict situations. Furthermore, the results suggest that female officers are at the greatest risk of being assaulted in family conflict situations when the assailant is impaired. More research is needed to better understand why family conflict situations and intoxicated assailants are especially dangerous for female officers and what policies can be instituted to mitigate this potentially threatening situation.

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LO 6-1

Probable Cause

Abstract: The U.S. Supreme Court has previously rendered only three opinions regarding the use of drug-detecting dogs in formulating probable cause leading to a search. Yet, in their 2012–2013 term, they published two decisions on the constitutionality of using drug detection dogs, establishing probable cause, and performing searches. This article provides an assessment of the Court’s decisions in Florida v. Harris (2013) and Florida v. Jardines (2013) and addresses the implications of these decisions.

LO 6-2

Interrogation Technique

Abstract: Interrogations are an integral part of police practices and investigations. Yet, little is known about the endorsement of the techniques involved with interrogations. In two collection efforts, participants completed questionnaires about interrogations and individual difference measures. Three distinct groups were compared including current law enforcement officers, criminal justice and psychology undergraduate students who intended to enter law enforcement, and students who did not intend to do so. Results suggested that current law enforcement officers favored the use of “passive” interrogation techniques, more so than the student groups. The endorsement of “aggressive” interrogation techniques was minimal for all groups.

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LO 7-1

Juvenile Drug Court Operations

Abstract: Substance use is pervasive among youth, particularly among those involved in the juvenile justice system. Juvenile drug courts (JDCs) are a promising approach for delinquent youth with substance abuse issues. However, research regarding JDCs has shown inconsistent effects, and little is known about the specific components associated with positive outcomes. The current study examines data from interviews of JDC judges and team member focus groups in six JDCs from two contiguous southeastern states to identify stakeholders’ perceptions about what places youth at risk for involvement in JDC and the factors that may contribute to successful outcomes. In addition, we examine these stakeholders’ perceptions of the strengths and challenges facing their JDCs. Our findings highlight the importance of parents and specific strategies implemented by JDCs in influencing the outcomes of youth in JDCs and the importance of interagency collaboration and access to treatment and community resources for the overall success of JDCs.

LO 7-2

Race and Gender of the Judiciary

Abstract: The intersection of gender—and to a lesser extent, race—and political ambition has been the subject of considerable research. To date, however, analyses of the intersection of political ambition, race, and gender in the context of the judiciary have been limited. The authors seek to remedy this deficiency with the use of data from a recent survey of justices of the New York State Supreme Court, the major trial court in the State of New York. They find that female and nonwhite justices have a greater desire to move up in a judicial career than do their white male counterparts.

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LO 8-1

Victim Rights

Abstract: In the last two decades, state legislatures have greatly expanded the legal rights of crime victims. Victims have some rights under the law in all states, ranging from the right to be notified of court and parole hearings, the right to be present and express opinions at sentencing hearings, the right to be consulted about plea agreements, the right to compensation and restitution, and the right to a speedy trial. But researchers and audits have shown that many victims are not given the chance to exercise their rights. This article describes the history of victim rights legislation and then discusses recent efforts, including compliance programs and victim law clinics designed to increase compliance of criminal justice agencies charged with aiding victims in the exercise of their rights.

LO 8-2

Women Who Plead Guilty

There is now a great deal of research evidence which shows that people admit to crimes they have not committed, whether in the form of a plea bargain or a false confession. This article considers whether there are any gender-specific factors which make it particularly likely that women will make such admissions. Evidence is gathered from interviews with 50 sentenced adult women in an English prison as well as from the existing literature. It is found that women are indeed subject to a variety of pressures — ranging from coercion and threats to family responsibilities — which make them more compliant to the suggestions of police and prosecutors. Consideration is given to whether procedural changes in the criminal justice system (such as the introduction of the ‘gender equality duty’) are likely to improve the situation. It is concluded that, despite the risk of infantilizing women, changes specific to them have a greater chance of being implemented.

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LO 9-1

Prosecutors and Mandatory Minimum Sentencing

Abstract: In Pennsylvania, the imposition of mandatory minimum sentences presents an important opportunity to examine relatively “pure” prosecutorial discretion over sentencing outcomes. The authors present a multilevel analysis of the prosecutorial decision to apply a mandatory minimum among mandatory-eligible offenders sentenced for drug crimes or as repeat, “three-strikes” offenders. They find that prosecutors' decisions to apply the mandatory minimum are significantly affected by the type and characteristics of offenses and guideline sentence recommendations, prior record, mode of conviction, and gender. They also find that Hispanic males are more likely to receive mandatory minimums and that Black–White differences in mandatory application increase with county percentage Black. The authors frame and interpret their analysis and findings in light of the uncertainty reduction theory of prosecutorial discretion, the view of courts as communities, and an integrative focal concerns perspective on criminal justice decision-making.

LO 9-2

Information and Death Penalty Support

Abstract: In 1972, former Supreme Court Justice Marshall postulated that the public was uninformed about the death penalty and information would change their support for it. There is some indication that information about the death penalty may change people’s level of support. This study re-examines data used by Lambert and Clarke (2001). Using multivariate analyses, the impact that information has on death penalty support is tested, along with level of prior knowledge about the death penalty, personal characteristics (gender, age, political affiliation, race, being a criminal justice major, academic level), and religious factors. The results suggest that information on both deterrence and innocence leads to a reduction in death penalty support and views on the death penalty. Furthermore, the results suggest that the information presented may have varying effects among different subgroups of people.

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LO 10-1

Effectiveness of Restorative Justice

Abstract: This article presents an analysis of restorative justice practice in the Republic of Ireland. This is achieved through an examination of data on restorative justice conferencing events in various venues around Ireland. From these data, the authors analyze these restorative events through an examination of the “functionalist exchange,” which occurs during the interaction between participants in such events. The extent of functionalist exchange is measured through an application of the meta-analysis first utilized in relation to restorative justice practice by Jeff Latimer, Craig Dowden, and Danielle Muise. The study assesses the extent to which functionalist roles become significant in restorative conference outcomes. The article argues that to be truly restorative, events must incorporate the extent to which remorse and subsequent satisfaction is expressed. In addition, the theories of restorative justice are shown to require a further analysis from the practitioners’ perspective, which this article provides. By examining the concepts such as Tomkins’ affect theory and Nathanson’s compass of shame, along with the practitioner-based perspective of Morris and Maxwell, this research constructs a wider understanding of the significance of the functionalist roles of participants during restorative events.

LO 10-2

Net-widening

Abstract: Internationally, many youth justice systems aim to divert young people from court through informal mechanisms, such as police cautions and restorative conferences. Among other things, diversion avoids the potentially criminogenic effects of formal contact with the criminal justice system. However, in some instances, the sum of court appearances and diversionary procedures indicates an overall increase in the numbers of young people having contact (formal or informal) with the criminal justice system — a phenomenon known as net-widening. This article summarises previous debates about the risks of net-widening. It then presents results from analysis of over 50,000 police records pertaining to young people's contact with the Tasmanian criminal justice system between 1991 and 2002. Across that decade, court appearances markedly reduced, while a corresponding increase in diversions was recorded. There was no evidence of net-widening. However, there was a significant increase in detention orders. Implications for policy and future research are considered.

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LO 11-1

Prison Privatization

Abstract: This article explores one interesting finding emerging from early findings of studies comparing private and public prisons in the UK: the relationship between prisoners and staff. These relationships appear to be better in some private prisons than in the public sector, at least during the early years of privatization. After presenting these findings, the authors provide three possible explanations for the positively evaluated prisoner—staff relationships in many private prisons during these early years: first, an intentional focus on relaxed and less formal regimes; second, the distinct balance of power which is the outcome of more powerless and inexperienced staff working in private prisons; and third, the legacy of a punitive atmosphere which still persists in some public sector prisons. While these findings do not constitute an argument in favour of privatization, they provide an opportunity to be less romantic about public sector values and practices, and more circumspect about the dangers of imprisonment more generally.

LO 11-2

Prison and Female Mental Health

Abstract: Many women enter prison with significant mental health conditions. Without appropriate intervention during incarceration, there is the potential for these conditions to worsen during confinement. As a result, women, most of whom will eventually be released from prison, might return to their families and communities with even more complex mental health needs. We examined women’s perceptions of how incarceration had affected their mental health. Our study approach included descriptive surveys and focus groups with women in prison. Our analysis revealed that women’s mental health might worsen, might improve, or might remain the same as a result of incarceration. Women’s accounts also provide evidence to support the need for all women’s correctional institutions to adopt a trauma-informed approach to care of this vulnerable population.

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LO 12-1

Stress Among Correctional Officers

Abstract: Studies have described the stressful and hazardous nature of working within the correctional environment as well as the way in which female officers encounter additional workplace pressures associated with their entry into a nontraditional occupation. This study advances the literature on gender and stress by examining the gendered influence of multiple environmental variables on the job stress of correctional officers. Contrary to expectations, there were few differences between male and female officers in the effects of workplace stressors on their level of job stress. Work-family conflict proved to have the greatest impact on stress for both male and female officers, whereas concerns regarding organizational support for equal treatment policies affected stress only among male officers.

LO 12-2

Treatment of Elderly in Prison

Abstract: An increase in the number of older and elderly inmates in the prison system has sparked controversy regarding current procedures and programs as well as possible solutions. Preservation of human and constitutional rights while maintaining appropriate punishment under the same Constitution and increased fiscal expenditures has called into question whether the correctional system is the correct setting for older and elderly inmates. The changing population in prisons has led to an increase in medical care expenses, causing some states to implement early release programs or to build separate facilities for the geriatric population. Statistics from the U.S. Department of Justice and the Federal Bureau of Prisons in conjunction with empirical studies create a foundation that allows for a comprehensive survey of the problems, current protocols, and prospective practices.

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LO 13-1

Juvenile Female Sex Offenders

Abstract: Almost all research on juvenile sex offending pertains to adolescent males. This study comprises all female juveniles convicted for sexual offences in the Netherlands between 1993 and 2008 (N = 66). From analysis of their court files and their criminal records, these female offenders are described in terms of demographics, family background, (psychiatric) disorders, victim characteristics and co-offending patterns. Heterogeneity in offending patterns and offending motives are studied, by using a reconstruction of the sexual offences. Almost 60 percent of the juvenile female sex offenders committed the abuse with someone else. Summarizing the offender motives as they emerged from offender and victim statements, five offender subtypes are identified. The findings are discussed in terms of implications for research and treatment.

LO 13-2

Juveniles Committing Adult Crimes

Abstract: During the 1980s and 1990s, policy makers became alarmed by the perceived increase in juveniles’ involvement in serious crime. As a result, a number of laws were passed to increase the penalties associated with the commission of such crimes, including laws making juvenile waiver to adult court easier. Although research exists regarding public support for transferring juveniles, limited research is available to shed light on whether the public supports juveniles receiving “adult time” for “adult crimes.” This study expands on the current literature by assessing the public’s views on the appropriate level of punishment for juveniles who have committed a serious felony offense. Drawing on public responses to vignettes and data from the National Judicial Reporting Program, we also benchmark public preferences against actual sentences in criminal court. Although our results show that the public favors less severe penalties for many juveniles, we also find evidence of a public sentiment that “adult crime” merits “adult time.”

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LO 14-2

Classifying the Variety of Drug Trafficking Organization

Abstract: A standard typology of drug trafficking organizations would assist in interpreting the results of studies made of these organizations. Several such typologies have been proposed, and this study examines a widely cited typology that was developed in the 1990s using New York City court data. The typology has two dimensions, organizational tasks and structure. It satisfactorily encompassed the trafficking organizations identified in two new samples: 39 organizations prosecuted in New York City in 1997-2007 and 50 organizations prosecuted during the same period by the Drug Enforcement Administration. The findings supported the generalizability of the typology. They also suggest that drug trafficking organizations adopt a structure congruent with their external environment, including the market for drugs, the type of drugs, ethnicity of those involved in distribution, use of technology in communication and distribution, and levels of law enforcement. Implications of fuller knowledge about the structure and functioning of drug trafficking organizations for research and policy are discussed.

LO 14-6

CSI Effect and Forensic Backlog

Abstract: The increasing application of forensic DNA analysis in the criminal justice system has led to considerable public debate. Such discussions typically center on either its use for identifying criminal offenders (and for exonerating those who have been wrongfully convicted) or legal questions concerning the proper scope of DNA evidence collection. Currently missing from these debates is an accurate estimate of the national backlog of cases that might benefit from the application of forensic DNA analysis. The authors estimate this backlog using data gathered from a nationally representative sample of local law enforcement agencies and from the total population of both state and local crime laboratories. The authors document the primary barriers identified by these agencies to the expanded use of forensic DNA analysis in the processing of criminal cases. The authors conclude with a discussion of the implications for the continued support of and increased access to forensic DNA testing by law enforcement agencies.