Kelly R. Damphousse

Their Day in Court: Assessing Guilty Plea Rates Among Terrorists

Individuals who are charged for traditional crimes are substantially more likely to plead guilty than individuals who are charged under the same statutes but who are officially involved in terrorism (Smith & Damphousse, 1998). Relying on a structural–contextual theory framework, a quantitative analysis not only confirmed that terrorists plead guilty more often than traditional offenders but that the defendant’s age and number of counts in the indictment are important predictors. Directions for future research are suggested.

Geospatial and Temporal Patterns of Preparatory Conduct among American Terrorists

Although terrorism research has made significant strides during the past five years, even the most rudimentary patterns of terrorists’ behaviors remain unknown to scholars and analysts. In the current study, we analyze spatial and temporal patterns of criminal acts related to a variety of American terrorism cases and attempt to provide insight into these questions: 1) where do terrorists live in relation to the targets they select, 2) do they plan and prepare their acts of terrorism relatively close to the target or do they intentionally conduct these activities far from the target, 3) what types of preparatory activities do the terrorists usually commit, and 4) how long is this planning process and does it vary by group type? Results from this study allow us to draw the following conclusions. First, about one‐half of terrorists both reside and prepare for their terrorist incidents within a thirty‐mile radius of their residences, although the radius of activity shows significant variation based on group type. Second, the temporal dimensions of terrorist activity reveal that terrorist planning and preparation is more complex than originally anticipated. Finally, while the interaction between time and space has not been addressed, our initial impressions of our temporal and spatial data suggest a scenario much like a predator closing in on a prey—as the planned incident draws nearer temporally, the spatial events also draw nearer to the target location. What our initial data have not revealed is whether these events are temporally and spatially sequenced in such a way that they can be of predictive value. Our study suggests the importance of further research in specific areas, including the identification of the prevalent types of preparatory and ancillary crimes terrorists commit in preparation for a terrorist incident, the identification of patterns of preparatory criminal activity that might either alert law enforcement officials to the existence of terrorist group activities or identify characteristic preparatory offenses, temporal sequencing of preparatory acts in relation to completed acts of terrorism, and geographic patterns to assist in threat assessment.

The Morning After Assessing the Effect of Major Terrorism Events on Prosecution Strategies and Outcomes

A major terrorism event has several important consequences for officials involved in the investigation and prosecution of terrorist activities. Such events are likely to bring increased scrutiny by both public policy officials and the media. The article uses data from the American Terrorism Study to compare the period before and after two of the most dramatic terrorist events on U.S. soil: the Oklahoma City bombing and the 9/11 attacks. The results suggest that whether intentional or not, major terrorism events result in the governments pursuing cases that are generally less serious and less complicated, and those cases are treated much more like “traditional” crimes by the prosecution. Following the aftermath of a major event, terrorist defendants are more likely to behave like traditional offenders and are less likely to be convicted as a result of a trial than are terrorists who are indicted before major events.

From the Outside In: Using Public Health Data to Make Inferences about Older Inmates

The recent confinement binge has led to the “graying” of American prisons. Longer sentences equate to more offenders growing old behind bars. This article explores the health conditions among noninstitutionalized elders to make inferences about those in prison. Analysis of National Health Interview Survey data found that persons who resembled the incarcerated population reported poorer health, had higher numbers of activity limitations, had increased bed days and doctor visits, and reported faster declines in health conditions than their mostly Anglo counterparts. The authors discuss the implications of these findings for prison managers.

Examination of newspaper coverage of Hate Crimes: A moral panic perspective

The role of the media in the construction of social problems is well documented in the social science literature. In some cases, the process of constructing social problems creates a moral panic. In this paper, we contend that a moral panic occurred in the late 1990s regarding hate crimes because of the disproportionate amount of media attention given to the issue. From this panic grew a movement to enact the Hate Crimes Prevention Act of 1999. We quantify Goode and Ben-Yehuda’s (1999) indicators of a moral panic by triangulating sample data, official statistics, and editorials/opinion polls. Results suggest that a moral panic over hate crimes occurred in America during 1998 and 1999.

The Time Penalty: Examining the Relationship Between Time to Conviction and Trial vs. Plea Disparities in Sentencing

Although studies of sentencing routinely find that defendants who plead guilty receive relatively lenient sentences compared with similarly situated defendants convicted by trial, we have yet to fully understand the role of “mode of conviction” in the sentencing process. In particular, we know little about how the size of the disparity between guilty pleas and trial convictions may depend upon time in case processing, or the timing of pleas; that is, when during the process defendants plead guilty. This is a considerable issue, as “time” often is central to explanations given for plea-trial disparities. The current study examines this central, yet seldom empirically captured, dimension of the sentencing process. Using information gathered in an ancillary data collection effort operated under the supervision of the American Terrorism Study, we differentiate between the mode of conviction and time to conviction and explore the role of “time” in sentence severity, especially with regard to the plea-trial disparity. While consisting of defendants identified in connection with terrorism investigations, and sentenced in federal courts, our study takes advantages of a unique opportunity to isolate the effects of time from the mode of disposition and to explore time correlates of sentencing outcomes. In doing so, we raise important questions about the multiple ways in which time and mode of conviction may affect sentencing more generally and contribute to the larger theoretical discussions of how punishment decisions are made.

The Role of Juveniles in Urban Homicide: The Case of Houston, 1990-1994

Youth homicide offending is now regarded as a threat to society at large and inner cities in particular. A leading explanation focuses on gangs, drugs, and guns as the nexus of contemporary youth violence. This study profiles juvenile homicide in one of the nations largest cities, Houston, Texas, for the period of 1990 to 1994. Following Marvin Wolfgangs precedent, the authors summarize these homicide data in terms of demographic characteristics and victim-offender relationships. They then address the spatial distribution of lethal incidents. The authors find that gang-related killing is a relatively small proportion of all juvenile homicide offending. Also, juveniles are more likely than are adults to use firearms, commit homicide in public and outdoor locations, and engage in lethal violence in relation to other felony offending. The authors conclude with a discussion of criminal justice responses to juvenile violence.

Punishing Terrorists A Re-Examination of U.S. Federal Sentencing in the Postguidelines Era

The empirical literature on the theory and practice of sentencing politically motivated offenders such as terrorists in U.S. federal courts is limited. Thus, we know relatively little about the dealings between terrorist offenders and the criminal justice system or how these interactions may be influenced by changes in American legal or political context. This study summarizes previous findings relative to sentencing disparity among terrorists and nonterrorists in U.S. federal courts prior to the imposition of the U.S. Sentencing Guidelines. We then identify events occurring after the advent of the guidelines, including the early acts of terrorism on American soil. We evaluate the sentencing of terrorists versus nonterrorists following the confluence imposition of the guidelines and these events. We determine whether and how the sentencing disparity between terrorist and nonterrorist has changed since the implementation of the U.S. Sentencing Guidelines and the terrorist events of the early 1990s. Based on our findings, we put forth suggestions as to the possible ways these conditions may have affected sentencing outcomes.

The Emergence of Lone Wolf Terrorism: Patterns of Behavior and Implications for Intervention

Abstract Purpose In this chapter, we examine several attributes of lone wolf terrorists and how their activities are temporally and geospatially patterned. In particular, we demonstrate how precursor behaviors and attack characteristics of lone wolves are similar and different compared to those of group-based terrorists. Methodology/approach Based on data drawn from the American Terrorism Study (ATS), we examine 268 federal terrorism “indictees” linked to 264 incidents. Three types of loners are identified based on group affiliations and levels of assistance in preparing for and executing terrorist attacks. A series of analyses comparatively examine loners who had no assistance and those actors that did. Findings The results of this study suggest that lone wolf terrorists are more educated and socially isolated than group-based actors. Lone wolves also engage in less precursor activities than group actors, but are willing to travel greater distances to prepare for and execute attacks. Explanations for why lone wolves are able to “survive” longer than terrorist groups by avoiding arrest may in part stem from their ability to temporally and geospatially position their planning and preparatory activities. Originality/value Studies on lone wolf terrorism remain few and many are plagued by methodological and conceptual limitations. The current study adds to this growing literature by relying on lone wolf terrorism data recently made available by the American Terrorism Study (ATS). Our findings are valuable for members of the law enforcement and intelligence communities responsible for the early detection and prevention of lone wolf terrorism in the United States.

Prosecuting Terrorism: Challenges in the Post-9/11 World

Abstract Purpose In this chapter, we provide a brief historical framework of the events and policy changes that impacted the prosecution of terrorism over the past 50 years with emphasis placed on the changes that resulted from the 9/11 attacks. Methodology/approach We provide a review of relevant literature and complete the chapter by providing new data (2015) on case outcomes derived from the American Terrorism Study, a database housed in the Terrorism Research Center in Fulbright College, at the University of Arkansas. Findings Investigative and prosecutorial authority in U.S. terrorism cases has experienced ebbs and flows that correspond with terrorism attacks as well as missteps by the FBI, and each has impacted the success of prosecution efforts. Despite dramatic changes, the number of cases prosecuted after 9/11 is unprecedented, and conviction rates continue to climb. Originality/value This chapter provides the reader with a synopsis of the policy changes that have occurred in federal terrorism investigations and trials from the late 1960s upto the present. Based on that context, we provide an explanation of how those policy changes have impacted terrorism prosecutions.