Journal of Contemporary Criminal Justice recent issues

Empirical Research on the Impact of Sentencing Reforms: Recent Studies of State and Federal Sentencing Innovations

Brennan, P. K., Spohn, C. — 2008-10-20

Impacts of "Three Strikes and You're Out" on Crime Trends in California and Throughout the United States

Chen, E. Y. — 2008-10-20

The impacts of Three Strikes on crime in California and throughout the United States are analyzed using cross-sectional time series analysis of state-level data from 1986 to 2005. The model measures both deterrence and incapacitation effects, controlling for preexisting crime trends and economic, demographic, and policy factors. Despite limited use outside California, the presence of a Three Strikes law appears to be associated with slightly but significantly faster rates of decline in robbery, burglary, larceny, and motor vehicle theft nationwide. Three Strikes also is associated with slower declines in murder rates. Although California's law is the broadest and most frequently used Three Strikes policy, it has not produced greater incapacitation effects on crime than other states' far more limited laws. The analyses indicate that the toughest sentencing policy is not necessarily the most effective option.

Race/Ethnicity and Sentencing Outcomes Among Drug Offenders in North Carolina

Brennan, P. K., Spohn, C. — 2008-10-20

Findings from previous studies suggest that Blacks and Hispanics are likely to receive more punitive sentences than Whites, but overall results are far from conclusive and few examinations contain analyses of Black versus Hispanic differences. In the current study, sentencing outcomes were examined for a random sample of felony drug offenders convicted during calendar year 2000 in a large urban jurisdiction in North Carolina. The analysis focused on Black—White, Hispanic—White, and Hispanic—Black differences. White offenders received less severe punishments than either Blacks or Hispanics; Hispanic offenders were particularly disadvantaged because they received harsher punishments relative to both Blacks and Whites.

The Impact of the Pennsylvania Sentencing Guidelines on Sex Differences in Sentencing

Blackwell, B. S., Holleran, D., Finn, M. A. — 2008-10-20

Although it has been argued that sentencing guidelines reduce the favorable treatment afforded female offenders, only one study has directly theoretically assessed the impact of guidelines on sentencing outcomes for men versus women. This study examines the influence of guidelines on the outcomes of male and female defendants sentenced in Pennsylvania by examining three periods, including one period during which guidelines were suspended. Results indicate that female, compared to male, offenders were less likely to be incarcerated in jail or prison and received shorter sentences in all periods; differences were not greatest when guidelines were suspended. Findings suggest that Pennsylvania's structured sentencing model has not affected the sex—sentencing relationship in that state.

The Effect of Blakely v. Washington on Upward Departures in a Sentencing Guideline State

Iannacchione, B., Ball, J. D. — 2008-10-20

The Supreme Court's decision in Blakely v. Washington was a landmark decision, ruling that juries must determine facts before judges can increase sentences above the sentencing guideline maximum—known as upward departures. Because one of the purposes of sentencing guidelines was to reduce discretion—and, thereby, unwarranted disparity—it is hypothesized extralegal factors will have less impact on upward departures after Blakely compared to before Blakely. Upward departures and their determinants were analyzed 27 months before and after Blakely, utilizing a disproportionate stratified random sample. Although the likelihood of upward departures was diminished after Blakely , extralegal factors did not incur differential effects. Both age and gender of the defendant were found to have statistically significant effects (p < .05) before and after Blakely. Although this study is only an explorative step, it is an important step to start addressing any potential effects of this landmark decision on sentencing reform efforts.

Sentencing Reforms and the War on Drugs: An Analysis of Sentence Outcomes for Narcotics Offenders Adjudicated in U.S. District Courts on the Southwest Border

Hartley, R. D. — 2008-10-20

Sentencing reforms and the war on drugs have greatly changed the landscape of federal sentencing and the composition of the federal prison population. As of 2006, 56% of federal prison inmates were incarcerated for narcotics offenses. The Sentencing Reform Act of 1984, the United States Sentencing Commission Guidelines, and mandatory minimum statutes were all enacted in an attempt to make sentences more proportional, more uniform, and less disparate. More than 35 years have passed since reform began, and still there are questions about whether unwarranted disparities have been eliminated from the system and whether punishments are more proportional and uniform. Another question that has recently surfaced is whether one unitary federal law can produce uniform sentencing practices because of variations that exist at the district level. This research analyzes the decision-making practices of judges for narcotic violations in four districts in the southwestern United States. The purpose of this study is to illustrate that even in districts that have similar types of cases and political agendas regarding narcotics offending, interdistrict variation in the factors that affect sentencing outcomes still exist.

Revisiting the Total Incarceration Variable: Should Researchers Separate Jail From Prison Sentences in Sentencing Research?

Harrington, M. P. — 2008-10-20

Recent research has examined the use of the total incarceration variable. The results of these studies have shown that the factors affecting a decision to sentence an offender to jail are different than those influencing a prison sentence. These studies have suggested that disentangling jail and prison sentences will enhance our understanding of how race influences sentence outcomes. Neither of these studies examined the sentence-length portion using the expanded definition of the total incarceration variable. The research presented here examines the validity of using the total incarceration variable and whether the same factors affect the length of a jail sentence as those affecting the length of a prison sentence. The implication for future research is discussed.

The Transnational Traffic in Human Body Parts

Geis, G., Brown, G. C. — 2008-07-07

Organized criminal syndicates, notable for their adaptability to opportunities offered by changing social and market conditions, have become involved in the transnational trade in human organs. The complexity of such operations, however, has to date restricted organized crime groups to a limited segment of the worldwide trafficking in human body parts. This article offers evidence indicating that the fear of the theft of body parts plays a prominent part in communities where poverty and victimization are widespread. The horror of involuntary bodily mutilation feeds into scripts that tend to exaggerate organized crime's role in such activities.

Transnational Crimes Against Culture: Looting at Archaeological Sites and the "Grey" Market in Antiquities

Bowman, B. A. — 2008-07-07

Diversified transnational criminal activities coupled with broader geographic capabilities have turned the black and white line between the licit "upperworld" and the illicit underworld a murky shade of grey, and the illicit antiquities trade is no exception. This article highlights criminal dynamics of trafficking in looted antiquities from the perspective of the source end of the problem—that is, theft of antiquities from archaeological sites and their illicit export. Trafficking in antiquities is a crime of transnational proportions because it involves the illegal removal and export of cultural material from source countries, which supplies the demand generated from developed, rich, market economies.

Time Crime: The Transnational Organization of Art and Antiquities Theft

Lane, D. C., Bromley, D. G., Hicks, R. D., Mahoney, J. S. — 2008-07-07

The looting of art and antiquities is an ancient practice. However, recent decades have witnessed such a dramatic increase in the magnitude and impact of "time crime" that it is now one of the larger transnational markets in illegal goods. The authors argue that this market can be understood as consisting of three elements: a supply component, primarily in impoverished nations; a demand component, primarily in wealthy Western nations; and a social control component, which permits transfer of goods from the illicit to the licit economy. Changes in each of these three components are responsible for the exponential increase in the size and scope of the market. The authors examine those changes and the roles through which the three components of the market are organized.

Risk Assessment in Organized Crime: Developing a Market and Product-Based Model to Determine Threat Levels

Albanese, J. S. — 2008-07-07

The risk posed by organized crime is a central concern of governments around the world. The infiltration and control of legal and illegal markets and products is a major concern in nearly every country. New agencies and initiatives are under way in the United Kingdom, Canada, New Zealand, Belgium, and elsewhere, with the specific purpose to better predict and detect organized crime activity. This article proposes a model to assess the risk of organized crime. It employs a different unit of analysis from most current models, focusing on illicit markets rather than groups, and it offers a practical alternative for determining the presence of organized crime in areas that may or may not have a history of organized crime involvement.

Reducing the Illicit Trade in Endangered Wildlife: The Market Reduction Approach

Schneider, J. L. — 2008-07-07

The market reduction approach is a crime reduction strategy that aims to reduce and disrupt stolen goods markets, in addition to reducing theft levels by making it more risky for thieves to sell stolen property. Initially, the concept has shown promise in England with regard to reducing traditional forms of property-related crime as well as disrupting certain types of stolen goods markets. Additionally, strides have been made using property as a unit of analysis rather than traditional foci of attention when examining crime patterns and designing tactical responses. In line with the 2005 United Nations program of work on transnational and organized crime, this article uses the specific example of the illegal trade of endangered flora and fauna to explore how the market reduction approach can be expanded beyond its current use into the realm of nontraditional types of property crime.

Human Trafficking in the Heartland: Variation in Law Enforcement Awareness and Response

Wilson, J. M., Dalton, E. — 2008-07-07

This analysis explores the extent and characteristics of human trafficking in Columbus and Toledo, Ohio, including the response to the problem by law enforcement agencies. Through a content analysis of newspaper accounts and interviews with criminal justice officials and social service providers in each city, the authors identified 10 cases of juvenile sex trafficking and forced prostitution in Toledo and 5 cases of trafficking for the forced labor of noncitizens in Columbus. The offenders and victims involved in the sex trafficking cases were largely from the local area, whereas those involved in the labor trafficking cases primarily involved foreign nationals, thereby illustrating at least one role the heartland plays in transnational crime. The authors compare the different responses to human trafficking in the two cities and suggest how to raise awareness about human trafficking and improve the responses of law enforcement agencies to the problem.

The Lenient Social and Legal Response to Trafficking in Women: An Empirical Analysis of Public Perceptions in Israel

Herzog, S. — 2008-07-07

Trafficking in women for prostitution remains a modern form of slavery. Paradoxically, governments and legal systems tend to target the victims (trafficked women) instead of the criminal traffickers. The present study attempted to investigate the roots of such a lenient social response. Following a consensus perspective, it was first hypothesized that this offense was considered by the public to be a relatively nonserious offense because it involved prostitutes, and second, as in other cases of male violence against women, it was hypothesized that the public views toward this offense were affected by traditional gender-role attitudes toward women. To this end, respondents from a national sample were asked to evaluate hypothetical short crime scenarios representing cases of trafficking in women and other offenses. The findings indicate that the public perceives such criminal acts as serious, both for egalitarian and traditional respondents. This finding challenges the consensual basis of the lenient approach toward traffickers in women. The implications of the findings are discussed.

Advancing the Usefulness of Research for Victims of Crime

Lauritsen, J. L., Archakova, E. — 2008-04-08

Most researchers who study victimization are interested in finding ways to make their work more useful. The articles in this issue discuss how the practice of research can be better linked to policy making, how hard-to-reach victims might be better served, how risk is correlated across various domains and tied to broader structural conditions, and how legal remedies might better serve victims of crime. In this article, the authors examine some of the practical matters that have made it difficult to build a solid empirical foundation on which to base effective policies. These practical challenges include the very large and diverse literatures and disciplinary perspectives and the unique set of methodological difficulties associated with research on victims of crime. Several ways in which these challenges might be overcome are discussed, including multidisciplinary literature reviews, coordinated assessments of methodological approaches and findings, and greater dialogue among those with specialized understandings of different forms of victimization.

The Science and Politics of Reducing Child Victimization

Hoffman, B. — 2008-04-08

Criminologists and other social scientists who seek to use science in an effort to reduce child victimization do so in a cultural environment in which alternative images and constructions of child victimization are paramount. Here, the author explores recent transformations in the field of child victimization research and the relevance of these changes for practitioners and scientists who wish to engage in the politics of child advocacy. The article is centered around two case studies: one focused on how the field is being transformed by new developments in crime measurement and research instruments and a second considering how contemporary social theory is enabling researchers to better comprehend the complexity of children's lives.

In-School Victimization: Reflections of a Researcher

Esbensen, F.-A. — 2008-04-08

In this article, the author draws on his experience conducting school-based research to reflect on the state of knowledge regarding in-school victimizations. Following a brief review of relevant literature and identification of key research findings, the author offers recommendations for program and policy development and suggestions for future research directions.

The Boulevard Ain't Safe for Your Kids . . .1: Youth Gang Membership and Violent Victimization

Taylor, T. J. — 2008-04-08

Youth gang membership has been linked to a variety of social ailments: delinquency, stigma, and, more recently, violent victimization. This essay examines the research on youth gang membership and violent victimization. Three main questions are examined: (a) What is known about the linkages between gang membership and violent victimization? (b) What use does this knowledge provide for prevention and intervention efforts? (c) Where do we go from here? In other words, what do we not know about the gang membership—violent victimization link?

Lessons of the Street Code: Policy Implications for Reducing Violent Victimization Among Disadvantaged Citizens

Stewart, E. A., Schreck, C. J., Brunson, R. K. — 2008-04-08

Elijah Anderson argued that adoption of the street code should reduce victimization risk for individuals who have to navigate disadvantaged, high-crime neighborhoods. In a recent article, Stewart, Schreck, and Simons (2006) examined whether adopting the street code decreased violent victimization, as Anderson suggested. Stewart et al. found no support for the idea that adopting the street code reduces victimization. Instead, they found that individuals who adopt the street code have higher levels of victimization. In addition, the results highlighted that the street code is related to both violent offending and violent victimization. In this article, the authors focus on the policy implications of Anderson's "code of the street" thesis, violent victimization, and offending. They argue that improving police—citizen interactions may be a starting point for restoring legitimacy in the police and criminal justice system, which may in turn reduce violence in street code—dominated areas.

Violence Against Urban African American Girls: Challenges for Feminist Advocacy

Miller, J. — 2008-04-08

The pioneering efforts of second wave feminists problematized the issue of violence against women. In the intervening decades, a diverse group of stakeholders have claimed the problem as their own. Here I discuss the challenges that result from the evolution of academic, policy, and governmental expertise on violence against women, including the tendency to narrowly frame this problem through the lenses of public health and criminal justice, thus decoupling it from broader issues of equity and justice. Drawing from my research on violence against African American girls in distressed urban neighborhoods, I argue for feminist advocacy as an overarching goal in the study of gendered violence. This orientation holds much promise for (a) recognizing the expertise of women in identifying and articulating their struggles, challenges, and life worlds; (b) grounding our research in structural, institutional, and situationally relevant contexts; and (c) infusing our work with a commitment to social justice.

Rape Against Women: What Can Research Offer to Guide the Development of Prevention Programs and Risk Reduction Interventions?

Fisher, B. S., Daigle, L. E., Cullen, F. T. — 2008-04-08

Although a pervasive problem that confronts females of all races and ages, studies show that some women are more likely to be rape victims than are others. Research reveals that certain behavioral and situational factors increase the risk of rape. To be most effective at reducing victimization, rape prevention programs and risk reduction interventions should target these behavioral and situational factors. A growing understanding of the relationships among these factors is evident, but to date what works to reduce vulnerability to rape remains somewhat obscure because of methodological weaknesses inherent in the limited number of published evaluations. Based on the current body of research, the authors offer suggestions regarding who should be targeted and what content should be included in rape prevention programs and risk reduction interventions to effectively reduce rape and its negative consequences.

Interpersonal Violence Against Women: The Role of Men

Schwartz, M. D., DeKeseredy, W. S. — 2008-04-08

Attempting to solve the problem of interpersonal violence by dealing with the private problems of individuals is a strategy doomed to failure. With high-level social forces combining to facilitate rape, abuse, and stalking, programs to end these problems must be painted with broad strokes. Male peer support is an important aspect of society giving permission to men to assault women or to encourage or ignore others who do so. Programs such as bystander education that encourage male leaders to speak out are essential. Schools and governments must put more money into education programs to protect youth. American society was outraged when a professional football player was accused of mistreating and killing fighting dogs. Hollywood, meanwhile, virtually cannot portray the mistreatment of animals. We need to move toward a society where the same level of outrage accompanies acts of interpersonal violence against women.

The Epidemiology of Violence Against the Elderly: Implications for Primary and Secondary Prevention

Bachman, R., Meloy, M. L. — 2008-04-08

Although the elderly are generally less likely to become the victims of violent crime compared to younger cohorts, they have unique and somewhat alarming patterns of victimization. This article examines the extant literature on elderly victimization and presents homicide data from the Supplementary Homicide Reports and robbery and assault data from the National Crime Victimization Survey to illuminate the idiosyncratic vulnerabilities elderly individuals have to violence compared to their younger counterparts. In addition, research examining violence that occurs in nursing homes as the result of staff-to-patient assaults and resident-to-resident assaults is also highlighted. Policies aimed at both primary and secondary prevention of violence against the elderly are discussed.

Victim Rights and New Remedies: Finally Getting Victims Their Due

Davis, R. C., Mulford, C. — 2008-04-08

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.

A Comparison of SHR and Vital Statistics Homicide Estimates for U.S. Cities

Loftin, C., McDowall, D., Fetzer, M. D. — 2008-01-30

Differences between homicide estimates for large cities from 1987 through 1991 using the Supplementary Homicide Report (SHR) and the National Vital Statistics System (NVSS) are reported. Large differences exist between the NVSS and the SHR estimates expressed both as counts and as rates per 100,000 residents. Three major reasons for the differences are identified. First, many cities fail to report the SHR data in some years during the study. Second, in some places the police jurisdiction used in the SHR does not correspond to the boundaries of the city used in the NVSS. Third, the SHR associates victims with the place where the assault occurs, whereas the NVSS associates victims with the place of residence. For many purposes, the NVSS provides more accurate and appropriate measures of homicide victimization than the SHR. However, because the city-level NVSS data are requested by place of residence, they measure a different concept than the SHR, which classifies victims by place of occurrence.

The Role of State Programs in NIBRS Data Quality: A Case Study of Two States

Barnett-Ryan, C., Swanson, G. — 2008-01-30

This study explores the question of how the organization of state programs might positively influence the data quality of the state's incident-based reporting data and its National Incident-Based Reporting System (NIBRS) data submissions. To investigate this topic, the programs of two states (Tennessee and Vermont) identified as adept at resolving data quality issues are described. These descriptions show that these two state programs have taken measures to implement the quality assurance programs and procedures recommended in The Blueprint for the Future of the Uniform Crime Reporting Program: Final Report of the UCR Study. Given that some states have undertaken very different and very aggressive quality control programs, subsequent research should be done to assess the effects of these programs on the quality of NIBRS submissions.

Assessing the Extent of Nonresponse Bias on NIBRS Estimates of Violent Crime

Addington, L. A. — 2008-01-30

More than two decades ago, the U.S. Department of Justice released its recommendations for a new data collection method for the Uniform Crime Reporting Program that would become the National Incident-Based Reporting System (NIBRS). The full potential of NIBRS data has not been realized based on assumptions that these data are inherently biased due to a lack of national coverage and overrepresentation by law enforcement agencies serving smaller populations. To date, no research has assessed the amount of nonresponse or the degree to which NIBRS data are biased for generating crime estimates. Although this study confirms an overall low response rate for NIBRS reporting, higher rates are found for particular subnational population groups. An examination of violent crime rates and change estimates suggests that the amount of bias in NIBRS is not so small as to be ignorable but is not so considerable as to warrant abandoning these data altogether.

Using Cross-National Studies to Illuminate the Crime Problem: One Less Data Source Left Standing

Rubin, M. M., Culp, R., Mameli, P., Walker, M. — 2008-01-30

As a result of the 2005 decision by Interpol to no longer collect and disseminate police crime data, the UN biennial crime survey is now the only source of publicly available police data for studying crime trends extending over many years and covering a wide range of crimes and countries. This article assesses the effect of this "and then there was one" phenomenon through an analysis and comparison of member nation responses to the UN and Interpol crime data surveys for the year 2002. The article takes advantage of having two data sets covering police-recorded crime to analyze the quality of the UN survey data and to suggest ways to improve it. Better UN data not only will provide the basis for more robust scholarly comparisons of crime across national borders but can also yield results to illuminate crime problems worldwide.

Missing Data and Imputation in the Uniform Crime Reports and the Effects on National Estimates

Lynch, J. P., Jarvis, J. P. — 2008-01-30

The Uniform Crime Reporting (UCR) program has been a major source of data on crime since 1929. These data were long considered authoritative, but lately, questions have arisen about their accuracy. Maltz has documented the magnitude of missing data in the series and demonstrated their import for research on policy issues. Maltz's work focuses on agency-level estimates for specific months, but the UCR program was never meant to provide estimates for this unit or time period. So, although Maltz's work is important, it has not addressed the consequences of missing data for the principal purpose of the UCR program—providing annual national estimates of the level and change in crimes known to the police. This article complements Maltz's work by assessing the magnitude and distribution of missing data nationally and their effect on national-level and change estimates. It also examines the effects of the FBI's imputation practices on these estimates.