Richard D. Hartley

A Multivariate Analysis of Youth Violence and Aggression: The Influence of Family, Peers, Depression, and Media Violence

OBJECTIVE To examine the multivariate nature of risk factors for youth violence including delinquent peer associations, exposure to domestic violence in the home, family conflict, neighborhood stress, antisocial personality traits, depression level, and exposure to television and video game violence. STUDY DESIGN A population of 603 predominantly Hispanic children (ages 10-14 years) and their parents or guardians responded to multiple behavioral measures. Outcomes included aggression and rule-breaking behavior on the Child Behavior Checklist (CBCL), as well as violent and nonviolent criminal activity and bullying behavior. RESULTS Delinquent peer influences, antisocial personality traits, depression, and parents/guardians who use psychological abuse in intimate relationships were consistent risk factors for youth violence and aggression. Neighborhood quality, parental use of domestic violence in intimate relationships, and exposure to violent television or video games were not predictive of youth violence and aggression. CONCLUSION Childhood depression, delinquent peer association, and parental use of psychological abuse may be particularly fruitful avenues for future prevention or intervention efforts.

Prosecutorial Discretion: An Examination of Substantial Assistance Departures in Federal Crack‐Cocaine and Powder‐Cocaine Cases

Recently there has been a call for research that explores decision‐making at stages prior to sentencing in the criminal justice process. Particularly research is needed under a determinate sentencing system where judicial dispositions are usually restricted by guidelines, which increases the importance of earlier decision‐making stages. As an answer to this call, and in an attempt to build on currents studies on the effects of departures as an intervening mechanism, and a source of unwarranted disparity, this study explores federal sentencing data on offenders convicted of crack‐cocaine and powder‐cocaine offenses. Although decision‐making of all criminal justice actors generally, and prosecutors specifically, has been the subject of much research, studies have yet to resolve the nature and outcome of their “autonomous” discretion. This autonomy becomes especially salient regarding prosecutorial decisions for substantial assistance departures. In deciding who receives a substantial assistance departure, the prosecutor has carte blanche power.

Reconsidering Hispanic Gang Membership and Acculturation in a Multivariate Context

Previous qualitative research has suggested that Hispanic gang membership is linked to the process of acculturation. Specifically, studies have indicated that those who are less assimilated into mainstream American or “Anglo” society are at greater risk for joining gangs. Building on these observations, this study examines the relationship between acculturation and gang membership within a theoretically and empirically informed multivariate framework. Based on a sample of Hispanic adolescents residing in the American Southwest, results largely supported previous qualitative studies that have suggested that a number of factors, including acculturation, are necessary to an understanding of gang membership within this demographic. Findings from logistic regression analyses indicated that respondents’ grade in school, neighborhood drug availability, level of ethnic marginalization, and level of acculturation were all significantly associated with self-reported gang membership. Results also suggested that marginalization may partially mediate the effects of acculturation.

Defending the Homeland: Judicial Sentencing Practices for Federal Immigration Offenses

In the last decade, immigration prosecutions in federal court have increased 165%, with immigration offenses comprising over 28% of the federal criminal caseload in 2008. Despite this increase, research has yet to fully examine the sentencing outcomes for these offenders. Exploration of sentencing outcomes for immigration offenders is particularly salient due to the racial/ethnic composition of these defendants and the documented history of disparate treatment of minorities at this decision point. To explicate these issues, we examine the sentence length of immigration cases to assess the impact of legal, extra-legal, and case-processing factors. We further disaggregate by offense type to explore if correlates of sentencing are consistent across specific categories of immigration violations. Finally, we examine southwestern border districts, which process over 70% of all cases, to assess their specific sentencing practices. Model results, theoretical implications, and avenues for future research are also discussed.

Differential treatment of female defendants: does criminal history moderate the effect of gender on sentence length in federal narcotics cases?

Past research indicates that men and women are treated differently at the sentencing phase, but the specifics of this relationship have not been fully explicated. The current study draws on the chivalry and evil woman hypotheses to examine how a defendant’s gender may interact with criminal history to affect sentence length in federal narcotics cases. Results indicate that gender’s effect on sentence length is nuanced, complex, and dependent on a defendant’s criminal history score; thus, conditional support is found for both the chivalry and evil woman hypotheses. Specifically, female defendants with lower criminal history scores received more lenient treatment (relative to male defendants) whereas those with higher criminal history scores received more severe sentences. These findings suggest that further exploration of interactions between extralegal and legal factors is necessary to uncover the complex ways in which gender influences court outcomes.

Lawyers Practicing Medicine: Criminal Justice, Criminology, Sociology and Differential Curricula

Recently there has been a vigorous dialogue over the Academy of Criminal Justice Sciences (ACJS) academic standards pertaining to the role of JDs within criminal justice academic programs. It is a next logical step to open a discussion on a related aspect of the ACJS standards: “doctorates in a closely related field.” This discussion should center on how “closely” the “closely related fields” should be. This article examines the relationship between an education in sociology and criminology/criminal justice programs respectively by comparing the general curricular requirements, undergraduate and graduate, in a selection of sociology and criminology and criminal justice programs. This analysis indicates that there is a great deal of similarity within the sociology curricula, which contain sociologically oriented classes and criminology/criminal justice curricula, which contain criminologically oriented courses, but there is little overlap in course offerings across these two academic areas. Specifically, sociology graduates are not exposed to a meaningful number of criminology/criminal justice classes.

Exploring Sex Disparity in Sentencing Outcomes: A Focus on Narcotics Offenders in South Korea:

Most research on sentencing outcomes reveals that legally relevant factors such as the seriousness of the offense and prior criminal record are primary determinants. There is, however, a substantial body of research that finds that extralegal factors such as a defendant’s sex also influence these outcomes. Most of these latter studies conclude that female defendants receive less severe outcomes compared to their male counterparts. Most of this research, however, is limited to Western societies. To extend this body of research, the current study examines sex differences in sentencing practices for a sample of narcotics offenders in South Korea. Results support previous research; female drug offenders in South Korea are generally treated more leniently than their male counterparts. Tests for interaction effects reveal that the defendant’s sex also interacts with other constellations of factors to produce lenient treatment for certain female defendants. These tests, however, also reveal that lenient sentence outcomes are not extended to all female defendants; those with prior drug convictions do not fare better than their male counterparts at the incarceration decision.

Crack-ing the Media Myth: Reconsidering Sentencing Severity for Cocaine Offenders by Drug Type

Federal narcotics sentencing policy, most notably for cocaine, has been criticized in regard to its excessive severity and racially disparate outcomes. Crack cocaine was heavily portrayed in the media during the 1980s as a dire social threat directly worsening the crime rate, a threat taken seriously as indicated by greater legislative enactment of mandatory minimums specifically targeting narcotics offenses. The research here uses a theoretical-mixed methodological symmetry (focal concerns perspective—content/regression analysis) to explore media portrayal of, and case outcomes for, crack versus powder cocaine offenders. Media portrayals of powder and crack cocaine offenders are considered through examination of USA today articles. These media portrayals are compared with official outcomes through a temporally corresponding regression analysis of federal crack and powder cocaine offenders from federal district court. Findings inform discussion of policy implications and invite scrutiny of media construction of crime problems.

Waging War on Recidivism Among Justice-Involved Veterans: An Impact Evaluation of a Large Urban Veterans Treatment Court

Problem solving courts have increasingly been adopted by jurisdictions around the country as an alternative to traditional criminal court models of justice. Veterans treatment courts (VTCs) are a type of problem-solving court being established all over the country in response to an increased number of justice-involved veterans with the return of military personnel from the Wars in the Middle East. Despite their rapid expansion, there is a dearth of research evaluating the impact of VTCs on recidivism. The current study conducted an impact evaluation regarding recidivism among participants of a large urban VTC program. Findings from descriptive and multivariate analysis reveal positive results for VTC participants, especially graduates, in comparison with the control group. Implications are discussed in context of three areas: (a) current criminal justice policy and practice implications for VTCs, (b) findings from research on other more established problem-solving courts (i.e., drug courts), and (c) research–practitioner partnerships.

The Use and Impact of Fast-Track Departures: Exploring Prosecutorial and Judicial Discretion in Federal Immigration Cases

Fast-track programs allow prosecutors in authorized jurisdictions to expedite case processing for offenders charged with immigration violations. We explore whether disparities from fast-track usage exist by utilizing multilevel modeling techniques to analyze 2008 United States Sentencing Commission data on the federal sentencing of illegal entry defendants. Results indicate that the use of fast-track programs, the amount of sentence reduction applied in fast-track cases, and the overall sentence length is differentially impacted by various legal, extralegal, case processing, and district-level variables. These findings suggest some support for previous theoretical explanations for decision-making, but also indicate that these processes may differ slightly in the context of fast-track programs.