The Localized Uses of Federal Sentencing Guidelines in Four U.S. District Courts: Evidence of Processual Order

The federal criminal justice system applies a single set of federal statutes and identical rules of procedure in a variety of local district jurisdictions. It is an underexplored research setting rich with potential to advance our theoretical understanding of how important sociological and political processes work. In particular, the sentencing and case processing practices of federal district courts are governed by the U.S. Sentencing Guidelines, which are in part supposed to impose uniformity and predictability in federal criminal sentencing. Guided by a processual order perspective that views courts as communities with their own distinct organizational culture, practices, and relationships, I explore the localized meaning and uses of key provisions of the sentencing guidelines, such as guideline departures for “substantial assistance” to law enforcement, sentence reductions for “acceptance of responsibility,” and the role of federal probation presentence reports. Data for this study come from field interviews with federal prosecutors, judges, public and private defense attorneys, and probation officers in four U.S. District Courts. I supplement these interview data with quantitative sentencing data that show substantial variation in criminal punishment between these four courts. I argue that federal criminal courts, like state courts, are best conceptualized as communities with distinctive processual orders.     

The Effects of Gender on Charge Reduction

Studies of criminal justice processing of adults commonly report that females are accorded more lenient treatment than are males. These results have given rise to theories that chivalry and male paternalism cause gender discrimination. This study examines the relationship between gender and charge reduction in the criminal justice process. Analyses focus on (1) the extent to which gender affects charge reduction independent of other social and legal variables, and (2) whether gender operates indirectly through variables that are correlated with it. The data are drawn from one judicial district in Florida using information from presentence reports. Using a variety of measures, we find no evidence that there is differential treatment by gender in charge reduction considerations.     

Intermediate Sanctions: A Comparative Analysis of the Probability and Severity of Recidivism

Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. This paper uses data from a sample of 528 adult felony offenders to compare the relative probability of rearrest, the severity of rearrest, and the likelihood of probation revocation for offenders with a sentence of incarceration, work release, house arrest, and traditional probation—or a combination of these sentences. Consistent with previous research, prior record, gender, offense type, and education were significantly related to the probability and severity of rearrest. Furthermore, no matter which other sanction it was paired with, house arrest was associated with reduced chances of rearrest and lower rearrest severity. The influence of one of these sanction combinations was gender-specific: incarceration followed by house arrest was associated with reduced odds of rearrest for women but not for men. However, house arrest was associated with the considerably increased likelihood of probation revocation. In addition, these effects remain after controlling for potential selection bias stemming from the sentencing decision. This paper concludes by discussing the theoretical and correctional implications of these findings and directions for future research.     

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.     

Safety for battered women in a textually mediated legal system 1

This paper proposes a shift in legal advocacy approaches employed by activists in the US battered women's movement that would take into account how the work of criminal justice professionals (police officers, probation officers, judges, and prosecutors) is organized. While judicial procedures may be more successful in bringing domestic abusers to justice than in the past, they are less successful in producing safety for the victims of abusers. Using institution ethnography as a research strategy, I explore aspects of how the work of practitioners in the police and court system is organized in ways that are not observable to activists working with the victims of abuse. An important aspect of the institutional process are its texts. Texts, as they are produced and processed in people's work settings, coordinate and regulate the different phases of practitioners’ work. In these work processes, organized and limited by formalized texts, women's experience of violence and intimidation is erased and issues of their safety disappear. In conclusion, I propose a method of engaging criminal justice professionals and community advocates in an investigation of local criminal justice settings with the intent of making changes in practices which fail to attend to the safety needs of women who are battered.     

RACIAL DIFFERENCES IN CRIMINAL PROCESSING: THE CONSEQUENCES OF MODEL SELECTION ON CONCLUSIONS ABOUT DIFFERENTIAL TREATMENT*

This study examines the impact of model selection on substantive conclusions about racial differences in presentence and sentencing practices. Using a statewide sample of convicted felons, an additive model is estimated to assess the direct and indirect effects of race on various dispositional decisions. Then, separate models for blacks and whites are estimated to evaluate within- and between-race differences. A comparison of the results from each specification illustrates how the standard additive approach used in past studies can mask and suppress racial differences in criminal processing. The findings of race-specific models are then discussed in terms of their implications for further research on racial disparity in the application of criminal sanctions.     

Rural and Urban Differences in Gender‐Sentencing Patterns of Pennsylvania

Research on criminal punishment and judicial decision making consistently reveals that female offenders receive more lenient treatment than similarly situated male counterparts. A major shortcoming in this body of research, however, is the lack of studies on whether the effects of gender on sentencing differ across geographic localities, such as in rural versus urban courts. Using a rich database on recent sentencing practices in Pennsylvania from 2003 to 2010 (N = 186,634), this study addresses this gap by investigating and comparing the effects of gender on sentence outcomes across six types of locality categorized by their level of rurality. Consistent with the focal concerns theory of punishment decision making, the results indicate robust gender effects on sentencing outcomes across places. When other factors are held constant, female defendants consistently receive more lenient treatment; they are less likely to be incarcerated and receive short sentences if incarcerated. The magnitudes of gender disparities are consistent across levels of the rural‐urban continuum, with one exception: female leniency in shorter jail or prison sentences is greater in the smallest and most rural localities than in other areas. The article discusses implications of the study findings for research on sentencing and rurality.     

Juvenile or adult? Negotiating and contesting childhood in the courtroom

Legislative changes during the 1980s and 1990s made it easier to treat juveniles as adults in the U.S. justice system. Research on the sentencing outcomes of juveniles in the criminal court has been somewhat mixed, with some studies showing that they receive severe or long sentences and others showing that many young people receive probation or relatively short jail or prison sentences. Less attention has been placed on the process through which these cases move through the criminal court and the ways in which the labels of “juvenile” and “adult” are negotiated and contested by legal actors. Using both qualitative and quantitative data, this article examines the negotiation of these labels. While it finds that legal rules are important in establishing the potential outcomes in a case, the power of specific actors and the context of specific courtrooms are also important in shaping the negotiations and contestations over these labels. The article provides a framework to understand outcomes and presents ways that advocates can become involved in helping to shape the outcomes of these cases.     

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.     

Placing Gender in Social Work: The Local and National Dimensions of Gender Relations

This paper argues that as well as being sensitive to wider discourses of gender relations, social workers need to consider the ways in which gender is localised. It is argued that to some extent gender practices vary according to local culture, that gendered identities are often localised and that social workers tend to construct their clients according to images of local men and women. These images tend to be stereotypical but some do also reflect dominant local gendered practices. The paper draws on data from qualitative interviews with social workers and probation officers, as well as the experience of teaching social work students, to illustrate these arguments. Whilst it is argued that the localising of gender is of general relevance, the data come from Wales alone. The author's conclusion is that (amongst other things) anti‐oppressive practice involves recognising the important influence of local stereotypes and challenging them, whilst also acknowledging that gendered practices do vary from place to place.     

Race Differences in Criminal Sentencing*

Race differences in criminal court sentencing outcomes have been of long-standing interest to sociologists. The findings about this topic are conflicting. Among the several explanations offered for the contradictory findings are that studies used old data, emphasized capital offenses, and lacked proper controls and statistical procedures. We present an analysis which corrects some of the problems of earlier studies. Race differences in sentencing outcomes are substantial in these data. We also present some evidence suggesting that when race differences occur, they may originate in the early stages of the sentencing process.     

DO MORAL COMMUNITIES PLAY A ROLE IN CRIMINAL SENTENCING? Evidence from Pennsylvania

Religion and social control have been a sociological concern since Durkheim and Weber, and the relationship between religion and punishment has long been the subject of speculation. However, surprisingly little empirical research exists on the role of religion or religious context in criminal justice, and almost no research on the role of religious context on actual sentencing practices. We conceptualize the potential relationships between religious context and sentencing severity by drawing from the focal concerns and court community perspectives in the sentencing literature and from the moral communities theory developed by Rodney Stark. We suspect that Christian moral communities might shape notions of perceived blameworthiness for court community actors. Such moral communities might also affect notions of community protection—affecting perceptions of dangerousness, or perhaps rehabilitation, and might influence practical constraints/consequences (e.g., local political ramifications of harsh or lenient sentences). We examine these questions with a set of hierarchical models using sentencing data from Pennsylvania county courts and data on the religious composition of Pennsylvania counties from the Associated Religion Data Archives. We find that county Christian religious homogeneity increases the likelihood of incarceration. In addition, Christian homogeneity, as well as the prevalence of civically engaged denominations in a county condition the effects of important legally relevant determinants of incarceration. Furthermore, we find evidence that Christian homogeneity activates the effect of local Republican electoral dominance on incarceration. We argue that Christian homogeneity affects sentencing practices primarily through local political processes that shape the election of judges and prosecutors.     

Parents' perceptions of juvenile probation: Relationship and interaction with juvenile probation officers,parent strategies,and youth's compliance on probation

In the past several years, there has been a growing movement toward family-driven initiatives in many child-serving agencies, including the juvenile justice system. These initiatives underscore the importance of parental involvement in successful rehabilitation of at-risk and offending youth and highlight the unique role of parents to influence and inspire their child's behavior. Despite a growing consensus on the importance of parental involvement in juvenile justice processes, little empirical research has explored the nature of parental involvement in the juvenile justice system. This study examined parents' (n = 87) perceptions of relationship quality and interaction with probation officers, parenting strategies, and how these factors related to youth's compliance on probation. Findings revealed that parents generally had positive relationships with probation officers characterized as supportive, fair, respectful, and helpful toward youth. Most parents also employed practices such as use of reminders and encouragement to promote youth's compliance on probation. Parents' perceptions of probation officers' helpfulness toward youth were associated with decreased used of parenting practices that encourage probation compliance. However, parents' perceptions of supportive, respectful, and fair relationships with probation officers were associated with increased use of parenting practices that promote probation compliance. Supportive, fair, and respectful relationships with probation officers were also linked to fewer counts of technical violations of probation, but not new delinquent offenses, among offending youth. Implications for research, practice, and policy around the potential of collaborative relationships between parents and probation officers in facilitating successful probation outcomes are discussed.     

THE EFFECT OF FEAR OF SEXUAL VICTIMIZATION ON ADOLESCENT FEAR OF CRIME

The author examines the effect of fear of sexual victimization on fear of crime among adolescents. Criminologists have indicated that gender is one of the strongest predictors of fear of crime: Women are more fearful than men. Some authors (Warr 1984, and Ferraro 1995, among others) have suggested that this differential fear among women can mostly be attributed to their inordinate fear of sexual victimization. This relationship, however, has only been examined among adults. Using a sample of 725 adolescents, the effect of fear of sexual victimization and other demographic and contextual variables on fear of criminal victimization is examined. Results indicate that fear of sexual victimization is the best predictor of fear of nonsexual victimization, whereas the effects of other variables are contingent on race and gender. The reasons for this finding, as well as the implications for social policies, are discussed.     

Police interviews of sexual assault reporters: do attitudes matter?

Sexual assault is underreported in the United States. Survivors are often reluctant to make police reports for various reasons; one is fear of revictimization by criminal justice professionals. Conversely, police officers often lack skills for interviewing crime victims. Posttraumatic stress reactions among victims can exacerbate the problem. Although some victims prefer female interviewers, it is not known whether they are more skilled. A sample of 429 police officers completed a written survey testing their rape myth acceptance and knowledge of how to interview rape reporters. A significant relationship between rape myth acceptance and interviewing skill was discovered. Although officer gender was related to interviewing skill, the effect was mediated by rape myth acceptance. Specific officer behaviors related to high rape myth acceptance were identified. Implications for selection of police to conduct victim interviews were discussed.     

ADHD in juvenile offenders: treatment issues nurses need to know

1. When working with juvenile offenders with ADHD, advanced practice nurses should consider prescribing stimulant medication in conjunction with other psychosocial interventions to achieve maximum treatment success. 2. Nurses working with young people with ADHD in the justice system must carefully coordinate care among all health care providers and juvenile justice personnel, including attorneys, probation/parole officers, and court assessment personnel. 3. Advocating for the individual needs of clients and their families is critical; often, this includes advocating for care that is not only evidence based, but also culturally competent.     

Lesbian,Gay, Bisexual,and Queer People's Perceptions of the Criminal Justice System: Implications for Social Services

Previous literature has found historically marginalized groups report more negative perceptions of the criminal justice system and lower levels of procedural justice, which then influences their mental health and their willingness to report crimes. While previous research on procedural justice has focused mostly on racial and ethnic minority groups, it is hypothesized that lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals would also report negative experiences of the criminal justice system. The current study utilized focus groups with 16 participants who identified as lesbian, gay, bisexual, and queer (LGBQ), with ages ranging from 26 to 35 years (M = 30.5 years, SD = 3.5). Participants were asked open-ended questions about how they felt about various aspects of the criminal justice system (e.g., police officers, courts, legal processes, etc.). Through the consensual qualitative research (CQR) process, researchers identified five domains that influenced participants’ experiences of the criminal justice system: (a) gender presentation, (b) influences of intersectional identities, (c) systemic and political issues, (d) experiences of discrimination, and (e) help-seeking behaviors and the criminal justice system. Implications for social services are discussed.     

Probation in Transition: A Study of the Experiences of Newly Qualified Probation Officers

This contribution to the symposium draws on material which I obtained in the process of undertaking a study of the Probation Service. The Probation Service has been in a state of transition and change for a number of years and probation officers are continuing to encounter many of the difficulties faced by other contemporary professional workers in the public services. In my study I decided to interview a sample of newly qualified probation officers with a view to investigating their experience of this changing order of things, constructing a picture of the occupation from a newcomer perspective and sdetermining what constitutes their professional identity.     

Juvenile justice sentencing: Do gender and child welfare involvement matter?

For young people who come into contact with the juvenile justice system, how they are sentenced following an arrest may profoundly influence the course of their development and adjustment as adults. Much of the research to date has focused on racial and ethnic disparities in juvenile justice sentencing policies and practices, and less is known about sentencing disparities based on other youth characteristics. Using Los Angeles County administrative data, this study investigates the effects of gender and child welfare statuses on sentencing for young people who are arrested for the first time (N = 5061). Results indicate that both young men and women are sentenced more harshly dependent upon the disposition, such that girls were more likely to be sentenced to group homes compared to boys, but boys were more likely to be sentenced to correctional facilities compared to girls. Child welfare-involved youth with a recent placement history are prone to more punitive sentences compared to their non-child welfare counterparts. Further, child welfare young women were not more likely to be sentenced to a harsher disposition compared to child welfare young men or non-child welfare young women. Implications for practice and future research are discussed.