Stewart J. D’Alessio

Race and Cumulative Discrimination in the Prosecution of Criminal Defendants

Most research investigates the effect of a defendant’s race on severity of imposed legal sanction at only one of several decision points that comprise the criminal justice system. This myopic focus on what can be termed episodic discrimination is problematic because racial discrimination evinced at one decision point may be amplified, negated, or even reversed at other decision points. Here we synthesize estimates of a defendant’s race on the severity of imposed legal sanction at each of the decision points encountered by a defendant as he or she progresses through the criminal justice system. Although initial results show that the effect of race on severity of outcome depends on the specific decision point analyzed, a synthesis of these race estimates in a meta-analysis reveals that the odds of receiving a severe sanction is approximately 42% higher for a Black defendant even after controlling for prior record and other legal and extralegal variables. Thus, although the influence of a defendant’s race on the severity of sanction is statistically discernible at just two of the eight criminal justice decision points, a substantive cumulative racial discriminatory effect is evident when all the individual decision points are considered in their totality.

The Effect of Organizational and Environmental Factors on Police Misconduct

This study analyzes the association between police organizational and environmental factors and police misconduct using data derived from the new National Police Misconduct Statistics and Reporting Project (2009–2010). Our use of this data set affords us the opportunity to measure police misconduct with much greater breadth than in previous studies. A negative binomial regression analysis of 497 city police departments shows the following organizational characteristics—organizational size, the presence of a full-time internal affairs unit, and in-service training—salient in predicting police misconduct. The violent crime rate is the only environmental variable that influences police misconduct. These results not only highlight the importance of organizational structure in influencing police officer misconduct but they also suggest that a police department has at its disposal the ability to institute organizational changes that can help attenuate the occurrence of police misconduct.

Born to be wild. the effect of the repeal of Florida's mandatory motorcycle helmet-use law on serious injury and fatality rates

In response to political pressure, the state of Florida repealed its mandatory motorcycle helmet-use law for all operators and passengers older than the age of 21, effective July 1, 2000. Using monthly data and a multiple time-series design, the authors assessed the effect of this law change on serious injury and fatality rates for motorcycle riders aged 21 and older. Controls for serious injury and fatality rates for motorcycle riders younger than 21 years of age were included in the analyses. Maximum-likelihood results showed that the repeal of the mandatory helmet-use law in Florida had little observable effect on serious injuries or on fatalities that resulted from motorcycle crashes. Policy implications of these findings are discussed, and explanations are given as to why the repeal of the mandatory motorcycle helmet-use law in Florida was inconsequential.

Is Nonsmoking Dangerous to the Health of Restaurants? The Effect of California’s Indoor Smoking Ban on Restaurant Revenues

The state of California passed the Smoke-Free Workplace Act on January 1, 1995. This legislation effectively banned indoor smoking in all public and private workplaces including restaurants. Many restaurant owners, especially owners of restaurants that served alcohol, opposed the ban for fear that their businesses would be affected adversely because of the loss of patrons who smoked. Using an interrupted times-series autoregressive integrative moving average study design, the authors assess the effect of California’s indoor smoking ban on revenue rates for all restaurants, for non-alcohol-serving restaurants, and for alcohol-serving restaurants. Results showed that revenues for alcohol-serving restaurants dropped by about 4% immediately following the establishment of the indoor smoking ban. However, this reduction was temporary because revenues for alcohol-serving restaurants quickly returned to normal levels. Findings also revealed that the indoor smoking ban had little observable impact on the revenue rate for restaurants overall and for nonalcohol-serving restaurants.

Unemployment, Guardianship, and Weekday Residential Burglary

The absence of a consistent positive effect of the unemployment rate on the crime rate is perplexing, but it may be partly due to the countervailing effect of guardianship. Using weekly state-level data and a pooled cross-sectional time-series research design, we investigate whether the unemployment rate influences residential burglary. This study contributes to the extant literature by distinguishing between weekday residential burglaries, or those burglaries that occur between the hours of 6 am to 6 pm on weekdays, from weeknight/weekend burglaries. If unemployment increases guardianship because previously employed individuals are now at home during the workday protecting their possessions, the expectation is that the unemployment rate will have an instantaneous negative effect on residential burglaries that transpire during normal working hours. Results buttress the logic associated with the guardianship thesis in that a rise in the unemployment rate only engenders a decrease in weekday residential burglaries.

Does Targeted Capture Reduce Terrorism

From January 1979 to December 2009, the Maoist insurgent Shining Path committed a total of 9,034 violent acts in a concerted attempt to topple the Peruvian government. These acts of violence included bombings, armed assaults, and assassinations. The Shining Paths leader Abimael Guzmán was captured by the Peruvian government on 12 September 1992. Using quarterly data and an interrupted times-series AutoRegressive Integrative Moving Average (ARIMA) study design, we investigated the effect of Abimael Guzmáns capture on the ability of the Shining Path to wage its war against the Peruvian government. Maximum-likelihood results revealed that the frequency of terrorist acts committed by the Shining Path dropped by 143 incidents per quarter a short time after Guzmán was captured. The analysis also evinced a positive relationship between the lethality of attacks and the frequency of the Shining Paths terrorist activity. We conclude that targeted capture shows some promise as an effective counterterrorism strategy, at least for terrorist groups such as the Shining Path that have a top-down type of organizational structure.

The Effect of a Complainant’s Race and Ethnicity on Dispositional Outcome in Police Misconduct Cases in Chicago:

This study examines whether the race and ethnicity of the individual filing a police misconduct allegation in Chicago predicts whether the allegation was (1) sustained, (2) not sustained, (3) determined to be unfounded (not factual), or (4) whether the accused police officer was exonerated of any wrongdoing. Multinomial logistic regression results show that Black and Hispanic complainants are much less likely to have their allegations of police misconduct sustained. When compared to a sustained outcome, Black complainants are 4.7 times more likely to receive a not sustained outcome, 3.6 times more apt to receive an unfounded outcome, and 4.2 times more likely that their misconduct allegation will culminate in the exoneration of the police officer. Results also show that a Hispanic complainant is 1.6 times less apt to achieve a favorable outcome in his or her case alleging misconduct by a police officer. These findings suggest that more work still needs to be done to reduce racial disparity in the resolution of allegations of police misconduct in Chicago.

Should Repeat Offenders Be Punished More Severely for Their Crimes

Debate persists as to the amount of influence criminal history should have in determining the severity of imposed legal sanction for a criminal offense. One position maintains that the punishment for repeat and first-time offenders convicted for the same type of offense should be similar, whereas an alternative viewpoint argues that the state should sanction repeat offenders more harshly. We contribute to this discourse by investigating whether the amount of weight given to an offender’s prior criminal record in sentencing affects the likelihood of repeat offending. Although initial findings showed that a substantive negative bivariate relationship existed at the county level between the weight-accorded prior criminal record in sentencing and repeat offending, this association disappeared in a more sophisticated nonlinear multilevel analysis. Our findings suggest that sanctioning repeat offenders more harshly than first-time offenders for similar offenses has little effect on attenuating repeat offending once other factors are controlled.

A commentary on Zimring and Laqueur (2015): juveniles and co-offending and why the conventional wisdom is often wrong*

Abstract In a previous study, we found that solo-offending was the primary form of offending among all ages including juveniles. We also observed that the relationship between age and crime, notwithstanding whether it was co-offending or solo-offending, was invariant across sex, race, and offense type. Based on these results, we concluded that group offending was merely incidental in circumstance and thus of little etiological significance. Zimring and Laqueur take exception to our study. Their reanalysis of our data disaggregated by offense type showed that co-offending was the dominant form of offending among juveniles for most serious crimes. However, as we discuss in this commentary, there are a number of problems with Zimring and Laqueur’s offense-specific analysis that invalidates their findings and conclusions.

Cheating the Hangman The Effect of the Roper v. Simmons Decision on Homicides Committed by Juveniles

On March 1, 2005, the U.S. Supreme Court ruled that the execution of offenders under the age of 18 at the time of their criminal offense was unconstitutional. Although many welcomed this decision, some individuals still remain concerned that the elimination of the specter of capital punishment will inevitably increase homicidal behavior among juveniles by reducing the prospect of deterrence. Using monthly data from the Supplemental Homicide Reports and a multiple time-series research design, the authors investigate the impact of the Roper v. Simmons decision on homicides perpetrated by juveniles in the 20 states affected by the law. Maximum likelihood results reveal that the repeal of the juvenile death penalty has had no effect on juvenile homicidal behavior.