Joel H. Garner

Published findings from the Spouse Assault Replication Program: A critical review.

Published reports from seven jointly developed experiments have addressed whether or not arrest is an effective deterrent to misdemeanor spouse assault. Findings supporting a deterrent effect, no effect, and an escalation effect have been reported by the original authors and in interpretations of the published findings by other authors. This review found many methodologically defensible approaches used in these reports but not one of these approaches was used consistently in all published reports. Tables reporting the raw data on the prevalence and incidence of repeat incidents are presented to provide a more consistent comparison across all seven experiments. This review concludes that the available information is incomplete and inadequate for a definitive statement about the results of these experiments. Researchers and policy makers are urged to use caution in interpreting the findings available to date.

Measuring the Continuum of Force Used by and Against the Police

Prior empirical research on the police use of force has conceptualized force in tenrs of simple dichotomnies: lethal force vs. nonlethal force, physical force vs. nonphysical force, and excessive force vs. nonexcessive force. The research has numerous measurement and definition problems and typically has used unsystematic samples. Police professionals employ the concept of a continuum of force; this concept addresses the legal requirements and policy preferences that all use of force by police should be proportionate to the amount of force used against themn. This concept has neither been operationalized as a quantifiable measure nor subjected to empirical research to determine the frequency with which officers encounter specific forms and amounts of resistance. This article reports on a pilot effort to develop explicit measures of the nature and extent of force used by and against police officers. These measures are derived fromn specific behaviors and are formuilated to represent traditional notions of physical force as well as contemporary concepts of the continuum of force. In addition, a prototype mneasure that incorporates some metric qualities is presented. These measures are illustrated with data from 1,585 adult custody arrests in Phoenix, Arizona.

The Influence of Legal Reform on the Probability of Arrest in Domestic Violence Cases

Using domestic violence incidence and arrest data from Maryland (1991–1997), this research examines whether the proportion of incidents that result in arrest increased due to a legislative initiative implemented in 1994 and, if so, whether this change is uniform across different types of offenders (race and gender) and offense characteristics. Using interrupted time‐series analysis (ARIMA), we observe an increase in both the number of incidents reported to police and the percent of reported cases resulting in arrest. The legislative intervention has a significant positive impact on arrest likelihood above and beyond the increase over time for the state as a whole. While arrest probabilities increased across the board for males and females, African American and Whites, the ARIMA models do not suggest that the legislation differentially impacted arrest probabilities for these groups.

Prosecution and Conviction Rates for Intimate Partner Violence

The prosecution of intimate partner violence is thought to be infrequent, as is the rate at which those prosecutions result in a criminal conviction. The paucity of prosecutorial and court response to intimate partner violence is considered one of the inadequacies of the justice system, an indicator of societys inattentiveness to violence against women, and another reason to question the criminal justice systems ability to successfully address violence between intimate partners. Our review of 135 English language studies leads us to challenge the widely accepted notion that prosecution and conviction for this offense are infrequent. There is great variability in the reported rates of prosecution and conviction for intimate partner violence. These studies report that, on average, about one third of the reported offenses and more than three fifths of arrests result in the filing of charges; more than half of all prosecutions result in a criminal conviction.

What Are the Lessons of the Police Arrest Studies

Abstract The six domestic violence police arrest experiments and several precursor studies stand unique in their research contribution to criminology and public policy. Together, these studies have significantly informed the debate about the deterrent effects of criminal justice sanctions and about the importance of how police can respond effectively to domestic violence. The strong methodological rigor of the six arrest experiments was a notable accomplishment, and set new standards for future criminological research. Early reviews synthesizing many results from the six arrest experiments typically concluded that the deterrent effect of arrest was not significant, however, these reviews generally did not meet the methodological rigor of the five replication experiments. Two recent attempts using different approaches for systematically combining results across multiple studies have concluded that there is a significant deterrent effect from arrest. This finding is variant from early reviews. Based upon data gathered from victim interviews, these two studies suggest that contemporary policies requiring preferred or mandatory arrest may be providing protection for victims though there is little change in the prevalence of police response over time. These studies have also taught us that methodological rigor is required throughout the scientific process, and not just during the data collection and analysis stages. The authors conclude that for several reasons there will likely be no further research testing for the effect of arrest on domestic violence and that current debate concerning how other aspects of the criminal justice system should respond to domestic violence seems less willing to be informed by the rigorous research and experimentation.

The Production of Criminological Experiments

The article examines the production of crime and justice field experiments during the 1990s. Data were collected on the characteristics of criminological experiments funded by the National Institute of Justice (NIJ), the principal research agency of the U.S. Department of Justice, during the 10-year period from 1991 through 2000. The analyses find that, whereas the funds available for research and evaluation at the NIJ increased during this period, the number of projects and the amount of funds awarded supporting field experiments declined. The article describes the characteristics of the experiments funded and assesses the extent to which the reduced support can be attributed to the characteristics of NIJ research funding, research topics, researchers, or criminal justice operational agencies.

Delay reduction in the federal courts: Rule 50(b) and the Federal Speedy Trial Act of 1974

During the 1970s, 94 federal district courts implemented two major policy initiatives, Rule 50(b) of theFederal Rules of Criminal Procedure and the Federal Speedy Trial Act, that were designed in Washington to combat delay in the processing of federal criminal cases. Both of these initiatives established a national priority of delay reduction in criminal cases, encouraged local district court planning for delay reduction; established reporting procedures for monitoring local compliance, and provided for the determination of quantitative goals for the time to disposition of criminal cases. Neither initiative mandated specific activities for delay reduction; this determination was left to the discretion of local federal district courts. This research examines the effectiveness of Rule 50(b) and the Speedy Trial Act by constructing a 150-month time series of three measures of case processing time. A multiple-intervention time-series model found that both of these initiatives contributed to the dramatic reduction in the time to disposition in federal criminal cases. These effects persisted after controls for changes in case characteristics and judicial resources were introduced.

The crime control effects of criminal sanctions for intimate partner violence

A prior review of published research established that once an intimate violence offense results in an arrest, the use of criminal prosecution and conviction is more commonplace than traditionally thought. The substantial use of criminal sanctions beyond arrest heightens the salience of whether criminal sanctions for intimate partner violence have a crime control effect or not. This research seeks to contribute to this discussion by providing a systematic review of 31 published studies that provide evidence regarding the crime control benefits from prosecution, conviction, and sentencing of intimate partner violence offenders. This review describes the characteristics of each of these studies, summarizes the substantive findings reported, and evaluates the research designs, measures, and methods used. Across these studies, we array 143 reported tests into three crime prevention hypotheses: the prosecution hypothesis, the conviction hypothesis, and the sanction severity hypothesis. Based on the analyses and conclusions produced by these studies, we find that the most frequent outcome is that sanctions that follow an arrest for intimate partner violence have no effect on the prevalence of subsequent offending. However, among the minority of reported analyses that do report a statistically significant effect, two thirds of the published findings show sanctions to be associated with reductions in repeat offending and one third show sanctions to be associated with increased repeat offending. Our examination of the methods used by these studies identified seven common issues that suggest that the research designs used are inadequate to assess the relevant public policies and criminological theories. Based on our systematic assessment of the published studies, we conclude that the preponderance of the reported findings show no effect for criminal sanctions; moreover, the quality of the research methods used in this research provide an insufficient basis to support a conclusion about the use of criminal prosecution and sentencing for intimate partner violence.

Progress Toward National Estimates of Police Use of Force

This research builds on three decades of effort to produce national estimates of the amount and rate of force used by law enforcement officers in the United States. Prior efforts to produce national estimates have suffered from poor and inconsistent measurements of force, small and unrepresentative samples, low survey and/or item response rates, and disparate reporting of rates of force. The present study employs data from a nationally representative survey of state and local law enforcement agencies that has a high survey response rate as well as a relatively high rate of reporting uses of force. Using data on arrests for violent offenses and the number of sworn officers to impute missing data on uses of force, we estimate a total of 337,590 use of physical force incidents among State and local law enforcement agencies during 2012 with a 95 percent confidence interval of +/- 10,470 incidents or +/- 3.1 percent. This article reports the extent to which the number and rate of force incidents vary by the type and size of law enforcement agencies. Our findings demonstrate the willingness of a large proportion of law enforcement agencies to voluntarily report the amount of force used by their officers and the relative strengths and weaknesses of the Law Enforcement Management and Administrative Statistics (LEMAS) program to produce nationally representative information about police behavior.

The Role of Congress in Program Evaluation: Three Examples in Criminal Justice

* Mr. Garner is affiliated with the Office of Evaluation, National Institute of Law Enforcement and Criminal Justice. This paper was originally prepared for pre. sentation at the National Conference on Criminal Justice Evaluation, Sheraton Park Hotel, Washington, D.C., February 22.24, 1977. Points of view are those of the author and do not necessarily reflect the position of the Law Enforcement Assistance Administration or the Department of Justice. The United States Congress has, in its wisdom, included provisions for program evaluation in most of the major social legislation adopted since the Great Society programs of the Johnson Administration. These provisions are many and varied, reflecting the intents and purposes of interest groups, the peculiarities of congressional processes, and the general purposes of the legislation to which they are attached. Early attempts to chronicle the activities resulting from these legislative provisions are inaccurately referred to as federal