Punitiveness: A Philosophical PerspectiveJacobs, Jonathan
doi: 10.1177/0887403418755463pmid: N/A
In what respects can philosophical consideration of punitiveness as a sentiment, an attitude, and a motive illuminate whether there is a proper role for it, especially in regard to the context of criminal justice? Clearly, there are ways in which punitiveness can be excessive and needlessly harming. Are there also ways in which it can be felt and expressed in proper measure, or respects in which it is merited? Some of the distinctive harms of punitiveness are explicated, but it is shown that it is not always, or necessarily, morally problematic or objectionable. In fact, it can have an important role in preserving the civility of society.
Do Detainees Plead Guilty Faster? A Survival Analysis of Pretrial Detention and the Timing of Guilty PleasPetersen, Nick
doi: 10.1177/0887403419838020pmid: N/A
Although numerous quantitative studies have linked pretrial detention to increased conviction rates, the precise mechanisms linking these decisions remain unclear. Qualitative studies shed light on these processes, revealing that many detainees plead guilty quickly to escape the pains of detention, including poor confinement conditions, strained work or family relations, and “dead time.” Moreover, these pressures to plead are often exacerbated by uncertain detention length, time-sensitive “exploding” plea deals, and temporal discounting. Utilizing data on felony defendants from large urban counties between 1990 and 2004, we assess whether pretrial detention accelerates the pace of guilty pleas. Survival analyses indicate that pretrial detainees plead guilty 2.86 times faster than released defendants do, suggesting that pretrial detention is a powerful prosecutorial tool. Moreover, local resources affect case processing time in ways that are consistent with the courtroom workgroup perspective. Implications for public policies and future research are discussed.
Disciplinary Segregation’s Effects on Inmate Behavior: Institutional and Community OutcomesWoo, Youngki; Drapela, Laurie; Campagna, Michael; Stohr, Mary K.; Hamilton, Zachary K.; Mei, Xiaohan; Tollefsbol, Elizabeth Thompson
doi: 10.1177/0887403419862338pmid: N/A
Disciplinary segregation (DS) is practiced in a variety of correctional settings and a growing body of research explores its subsequent effects among offenders. The present study contributes to this literature by analyzing the impact of short-term DS on violent infractions and community recidivism among a sample of inmates in Washington State. We assessed the impact of DS on these outcomes from deterrence and stain theory perspectives while controlling for social support variables such as visitations and correctional programming. Mentally ill offenders were excluded, as their abilities to make rational choices may be inconsistent with deterrence theory. Results show DS does not significantly affect post-DS infractions. Social supports significantly reduced inmates’ odds of violent infractions while incarcerated. Community models indicate no substantive differences between the DS and non-DS groups on post-prison convictions 3 years after release. Overall, DS exhibited limited effects on offenders’ institutional or community outcomes.
How Background Relates to Perceptions of Child Sexual Abuse Prevention and Policies Related to Individuals Convicted of Sex CrimesSocia, Kelly M.; Grady, Melissa D.; Bolder, Tess; Cronin, Kelli; Hurt, Christi; Vidrine, Sarah
doi: 10.1177/0887403419873126pmid: N/A
Although research has examined perceptions of child sexual abuse (CSA) prevention and the efficacy of sex offender policies (SOPs), less research compares these perceptions between different backgrounds. We explore these perceptions among North Carolina stakeholders with backgrounds related to (a) victims of CSA, (b) individuals convicted of sex crimes (ICSCs), and/or (c) law enforcement and policymakers. Specifically, we examine how these backgrounds differ in the perceived efficacy of (a) the ability to prevent CSA, (b) containment-based SOPs, and (c) assistance-based SOPs. We find that the victim-focused background was the most optimistic that CSA prevention is possible, and the law and policy background was the most pessimistic. Furthermore, the ICSC-focused background was the least likely to believe in the effectiveness of containment-based strategies and the most likely to believe in the effectiveness of assistance-based strategies. An overlapping victim-and-ICSC background consistently fell in between the views of victim-only and ICSC-only backgrounds.
An Examination of Sexual Assault Kit Submission Efficiencies Among a Nationally Representative Sample of Law Enforcement AgenciesHendrix, Joshua A.; Strom, Kevin J.; Parish, William J.; Melton, Patricia A.; Young, Amanda Royal
doi: 10.1177/0887403419884730pmid: N/A
Drawing on results from a survey of 321 law enforcement agencies, we assess how labor and capital inputs, evidence policies, and other agency characteristics affect the number of sexual assault kits (SAKs) submitted to crime laboratories for testing. We examine to what extent agencies are submitting the maximum number of SAKs possible, given their available resources. Stochastic frontier models are used to analyze the productivity of labor inputs for the submission of SAKs and the extent to which resource inefficiencies contribute to unsubmitted SAKs. Results indicate that agencies are submitting fewer than 60% of SAKs that are possible given their resources. Full-time sworn officers were found to be productive inputs, as the number of SAKs submitted increases by 24% for every 100% increase in the number of officers. Findings also suggest that the accumulation of SAKs is driven partially by technical inefficiencies but more so by a lack of resources.