Sentencing outcomes of convicted child sex offenders

This research examines the sentencing outcomes of convicted child sexual offenders from data collected over an eight year period. Multiple regression and nominal log linear regression are used to examine length of prison sentence, length of probation sentence, and whether the convicted offender is actually sent to prison or to probation. While many independent variables appear to be related to sentence outcome, they fall into three categories: characteristics of the offender, characteristics of the victim, and characteristics of the crime. Additionally, while many variables appear related at the bivariate level, when multivariate analysis is applied, fewer variables remain significant, and these are mostly from the characteristics of the offense.     

Factors Affecting Juvenile Court Decisions in Israel: A Multivariate Approach*

This paper investigates the factors influencing the disposition of cases in juvenile courts. The factors considered are the prior record of the offender, the nature of the offense, the recommendation of the probation officer, and the age of the offender. These four factors are essential components of the juvenile justice system and as such are perceived to be crucial for the understanding of the court's decision. A multivariate analysis of the data is undertaken using the method of log-linear analysis for hierarchical models. In contrast to other studies that have utilized the same method but with fewer variables, the model arrived at in the paper seems to be more accurate and suggests that while the offense and the prior criminal record are quite important factors, their influence on the disposition of cases is greatly bound by the age of the offender and the recommendation of the probation officer.     

“The Cake and Custard is Good!” A Qualitative Study of Teenage Childrens' Experience of being in Prison

This qualitative study aims to uncover how young people, sentenced for violent offences, experience prison, something about which we know very little. It reports life history data from qualitative interviews with young male inmates aged 16–18 years convicted of violent assault. The findings indicate that the intrusive and inescapable challenges of incarceration are filtered through the boys' interpretations of previous critical incidents in their lives, in a way that can, it is argued, cause them additional harm. Respecting and attempting to understand the complex experiences of the participants, listening to the voices of these children, may help us to understand why a prison sentence seems to have limited impact on recidivism.     

A SOCIOLOGICAL, OFFENDER-BASED, STUDY OF RAPE

This study contributes to the etiological research on rape by expanding the range of predictor variables and by including comparable violent offender and non-offender populations. The study is based on interview data from 38 convicted rapists, 59 convicted nonsexually violent offenders, and 65 non-offenders matched on age, race, and neighborhood of residence during adolescence. Discriminant analysis is employed with these three populations and four sets of discriminating variables: (1) demographic and family background variables, (2) affective experiences, (3) school and dating experiences, and (4) legal and offense-related experiences. The results show that, in general, we are better able to discriminate between offenders and non-offenders than between rapists and other violent offenders. However, affective experiences, in particular a history of sexual abuse, clearly predict sexually violent behavior. The results are discussed in light of existing rape research and the more general predictive research on antisocial behavior.     

AVERAGE PREDICTIVE COMPARISONS FOR MODELS WITH NONLINEARITY, INTERACTIONS, AND VARIANCE COMPONENTS

In a predictive model, what is the expected difference in the outcome associated with a unit difference in one of the inputs? In a linear regression model without interactions, this average predictive comparison is simply a regression coefficient (with associated uncertainty). In a model with nonlinearity or interactions, however, the average predictive comparison in general depends on the values of the predictors. We consider various definitions based on averages over a population distribution of the predictors, and we compute standard errors based on uncertainty in model parameters. We illustrate with a study of criminal justice data for urban counties in the United States. The outcome of interest measures whether a convicted felon received a prison sentence rather than a jail or non-custodial sentence, with predictors available at both individual and county levels. We fit three models: (1) a hierarchical logistic regression with varying coefficients for the within-county intercepts as well as for each individual predictor; (2) a hierarchical model with varying intercepts only; and (3) a nonhierarchical model that ignores the multilevel nature of the data. The regression coefficients have different interpretations for the different models; in contrast, the models can be compared directly using predictive comparisons. Furthermore, predictive comparisons clarify the interplay between the individual and county predictors for the hierarchical models and also illustrate the relative size of varying county effects.     

Policy interventions designed to combat sexual violence: community notification and civil commitment

Much attention has been given to the problem of sexual predators and the struggles of the legal-justice system to contain them. In response to public outcry over high-profile sex crimes, federal and state legislators have responded in the past decade with innovative but controversial public policy initiatives, called "sexually violent predator statutes." In 1996 President Clinton signed "Megan's Law," mandating all 50 states to develop requirements for convicted sex offenders to register with local law enforcement agencies and to notify communities when a sex offender lives in close proximity. Less publicized have been the civil commitment statutes introduced by 16 states which allow convicted sex offenders to be evaluated for involuntary and indefinite confinement in a psychiatric hospital following their release from prison. This article will review the literature regarding community notification and civil commitment as interventions designed to combat sexual violence. The history and context of each policy will be discussed, as will a review of available research evaluating the impact of each policy. Implications for future research and social policy will be examined.     

Who lives and dies on death row? Race, ethnicity, and post-sentence outcomes in Texas

A substantial body of research has explored the extent to which the race of offenders and victims influences who receives a death sentence for capital crimes. Little is known about how race and ethnicity might pattern death-row outcomes. Drawing upon evidence from male offenders sentenced to death in Texas during the years 1974 through 2009, we extend recent research by examining whether the race and ethnicity of offenders and victims and a number of offender, victim, and crime attributes influence the likelihood of executions and sentence relief (whereby prisoners leave death row). Cox regression analyses are used in conjunction with a multiple-imputation method for handling a modest amount of missing data. The results show that cases involving minorities—with black or Latino offenders or victims—have lower hazards of execution than cases in which both offenders and victims are white. Victim and offender race and ethnicity have little to no independent effect upon the hazard of sentence relief.     

The Role of Probation Officers in Determining Gender Differences in Sentencing Severity*

This study examines the relationship between gender and sentencing severity in the criminal justice system. Analysis focuses (1) on the extent to which gender influences sentencing and (2) on the part played by probation officers' presentence investigations in accounting for these differences. We find males are more likely than females to receive harsh sentences. The gender effect is diminished, but not ellmnished, in multivariate analyses, when controls are introduced for other sociodemographic and legal variables. The length of pretrial detention and the amount of charge reduction also have little impact on the magnitude of this relationship. Presentence recommendations by probation officers, however, have a major effect. Independent of other potential influences, being female greatly increases the likelihood of receiving a non-incarceration sentence recommendation which, in turn, is the primary predictor of final criminal court dispositions. A large portion of the gender effect in sentencing enters during the presentence stage, apparently because probation officers (the court officials who prepare the presentence reports) are influenced by traditional ideas about gender roles. Qualitative data suggest that they believe the sources of crime are different for women and men and that imprisonment is more appropriate as a treatment for men.     

Policy Interventions Designed to Combat Sexual Violence: Community Notification and Civil Commitment

SUMMARY

Much attention has been given to the problem of sexual predators and the struggles of the legal-justice system to contain them. In response to public outcry over high-profile sex crimes, federal and state legislators have responded in the past decade with innovative but controversial public policy initiatives, called “sexually violent predator statutes.” In 1996 President Clinton signed “Megan's Law,” mandating all 50 states to develop requirements for convicted sex offenders to register with local law enforcement agencies and to notify communities when a sex offender lives in close proximity. Less publicized have been the civil commitment statutes introduced by 16 states which allow convicted sex offenders to be evaluated for involuntary and indefinite confinement in a psychiatric hospital following their release from prison. This article will review the literature regarding community notification and civil commitment as interventions designed to combat sexual violence. The history and context of each policy will be discussed, as will a review of available research evaluating the impact of each policy. Implications for future research and social policy will be examined.     

CRIMINAL DETERRENCE IN NEW YORK: THE RELATIONSHIP BETWEEN COURT ACTIVITIES AND CRIME

This study provides new evidence on the deterrent effects of criminal justice sanctions. The supply-of-crime function is tested using 1970 cross-sectional data for the 62 counties in New York State. Most studies consider only expected length of sentence when estimating the offender's cost of crime. The current analysis includes the length of time needed to dispose of a case and the severity of conviction charge as well as the expected prison sentence     

Offended Parties and Official Reactions: Victims and the Sentencing of Criminal Defendants*

Theory and research in the field of deviance have generally neglected private parties who find the deviance of others personally offensive and problematic. This paper examines the victim's participation in the processing of criminal deviants. Using data from a sample of convicted felons, it explores the extent to which the behavior and attributes of the victim affect the sanction imposed on the defendant. The results indicate that victim characteristics affect sanctioning, but that these effects are largely indirect, being mediated by the recommendations probation officers submit to sentencing judges. The implications of these findings are discussed.     

JUST ANOTHER CRIME? Examining Disparity in Homicide Sentencing

Analyses of disparity in sentencing most frequently use general felony court samples. Because of this, little is known about the specific patterns of sentencing disparity among defendants convicted of criminal homicide. Using a sample of defendants adjudicated guilty of homicide in Philadelphia, Pennsylvania, over the period 1995–2000, this research seeks to describe and explain patterns of sentencing with reference to legal and extralegal defendant and case characteristics. The findings indicate that it is primarily legally relevant variables that influence sentencing outcomes in homicide cases; however, some evidence is found for case processing effects as well as for the operation of criminal stereotypes in the generation of sentence disparities. Implications of these findings for research designs and theory development are discussed.     

“Otis”: A Case Study of an Online Attempt to Purchase Children for Sex

ABSTRACT

The researchers analyzed court documents to develop a case study of an individual convicted of buying sexual services from exploited children. Findings indicate that the subject deviates from preexisting victim selection processes and demonstrates characteristics inconsistent with existing sexual offender typologies that likens offender behaviors to the hunting techniques and behaviors of predatory animals. As evidenced in the case study, the individual perceived the victims solely as a means of deviant sexual satiation and did not participate in traditionally established victim acquisition techniques. In addition, the researchers propose adopting terminology that adheres to the term consumer rather than buyer as it better represents some offenders’ disconnect and lack of empathy in the victim acquisition process.     

A Comparison of Sexual Assault Cases with Child and Adult Victims

Researchers have suggested that sexual assault cases involving children are treated differently than cases involving adults; they have suggested that cases with child victims are more likely to be dismissed and are less likely to result in conviction or incarceration of the offender. The present study used data from Detroit Recorder's Court to compare the outcome of sexual assault cases involving children and adults. The results indicated that cases with child victims differed in important ways from cases with adult victims, and that these differences affected case outcomes. Cases with child victims were less likely than cases with adult victims to be aggravated sexual assaults. When these differences were taken into account, offenders convicted of assaulting children faced a higher risk of incarceration than did offenders convicted of assaulting adults.     

Extralegal Factors in Felony Sentencing: Classes of Behavior or Classes of People?

The radical-conflict perspective of criminology stresses that legal sanctions are applied more against classes of people than classes of behavior. To test this proposition we took a class of behaviors–sex offenses–and a class of people–designated "normal primitives"–in an attempt to determine which of the groups accounted for more of the variance in sentence severity. We found that although sex offenders enjoyed considerably higher social status than did normal primitives, sex offender status accounted for more than eight times the amount of variance in sentence severity than did normal primitive status after controlling for legally relevant variables. These findings cast doubt on class-based models of sentencing.     

Recidivism Among Child Sexual Abusers: Initial Results of a 13-Year Longitudinal Random Sample

In the initial analysis of data from a random sample of all those charged with child sexual abuse in Idaho over a 13-year period, only one predictive variable was found that related to recidivism of those convicted. Variables such as ethnicity, relationship, gender, and age differences did not show a significant or even large association with recidivism. The only variable that seemed to show both a significant and almost moderate association to recidivism was the Risk Assessment in the Sex Offender Evaluation reoffense. Comparisons were made to prior research as well as a discussion of implications of the sex offender evaluation for the legal process. Finally, a call for the continued need for further research is discussed.     

Effects of School-Based Risk and Protective Factors on Treatment Success Among Youth Adjudicated of a Sexual Crime

Youth with sexually problematic behaviors are impacted by the reciprocal interplay between individual characteristics and the key social and ecological systems in which they are embedded. The paucity of research on protective factors mitigating risks within various socioecological systems is of concern, as the school is one such system that has been overlooked. This study retroactively investigated probation files among youth who were adjudicated of a sexual crime (N = 85) to determine how school-level variables are associated with treatment completion. A sequential logistical regression model revealed reduced odds for school-based risk factors and a greater proportion of variance explained when school-based protective factors were included. Implications and research considerations are discussed.     

Public Attitudes Toward Sexual Offenders and Sex Offender Registration

This study explores the relationship between fear of various types of sexual offenders and a belief that those sexual offenders should be subject to sex offender registration. We hypothesized that those who offend against children would elicit the most fear; consequently, the most feared offenders would be rated as most requiring registration. As part of a telephone survey, 733 participants answered questions about fear of sex offenders and agreement with requirements about registration for offenders convicted of incest, statutory rape, marital rape, pedophilia, date rape, and an offense committed more than 10 years prior. Results indicated that all types of sexual offenders elicited some fear from respondents, and fear was related to support of registration requirements.     

Prevalence of Problem Gambling Among the Prison Population in Hamburg,Germany

Despite the increasing research in gambling, the prevalence of problem gambling in the criminal justice population is rarely investigated, especially in Europe. Given the lack in knowledge the Hamburg study aimed at identifying the prevalence of problem gambling in the whole regional prison population. For this purpose two major approaches were used: a 10 months long-term screening of pre-trial detainees at prison entry through the Lie/Bet Questionnaire, and full-scale survey of inmate personnel records of prisoners being in prison on a defined reporting date. Based on 792 valid screening files 6.6 % of the pre-trial detainees were positive on the Lie/Bet Questionnaire, and these problem gamblers were male only. Among the 1,236 inmate personnel records reviewed in 7.3 % the records indicated problem gambling (90 prisoners). This indication was found in 7.5 % males and 3.6 % females. For almost half of the prisoners with problem gambling their prison sentence was related to their gambling behavior (46.7 %). These results are representative for the regional prison population, and the first of its kind in Europe.     

Le métier de conseiller d’insertion et de probation : dans les coulisses de l’État pénal ?

This study of the changing profession of “counselors of integration and probation” (conseillers d’insertion et de probation, Cip) proposes a sociology of occupational groups that takes into account both statutory and moral considerations. Turning social services in prisons into a “penitentiary service of integration and probation” has involved professionalization, “juridicization” (with a shift from social work to the field of law) as well as a switch from a “compassionate” toward a “repressive” pole of interventions. Based on a survey conducted in prison, this study of work situations and conflicts helps us formulate the problems of ruptures and continuities in relation to both these employees’ individual trajectories and the institutional framework of their actions. This case study of Cip, an occupational group seen herein as a litmus test of what the penal institution does to persons under a court order, enables us to imagine an ethnography of the “state in acts”.