Justice Quarterly 27(3)

Failure to Register as a Sex Offender: Is it Associated with Recidivism?
Jill Levenson; Elizabeth Letourneau; Kevin Armstrong; Kristen Marie Zgoba

The purpose of this study is to investigate the relationship between failure to register (FTR) as a sex offender and subsequent recidivism (N = 2,970). No significant differences were found between the sexual recidivism rates of those who failed to register and compliant registrants (11% vs. 9%, respectively). There was no significant difference in the proportion of sexual recidivists and nonrecidivists with registration violations (12% vs. 10%, respectively). FTR did not predict sexual recidivism, and survival analyses revealed no significant difference in time to recidivism when comparing those who failed to register (2.9 years) with compliant registrants (2.8 years). Results fail to support the supposition that sexual offenders who fail to register are more sexually dangerous than those who comply with registration requirements. The punitive emphasis on registration enforcement may not be justified and might divert limited resources away from strategies that would better facilitate public protection from sexual violence.

Lethal Outcome in Sexual Assault Events: A Conjunctive Analysis
Tom Mieczkowski; Eric Beauregard

This paper examines violent sexual assaults and the factors associated with those assaults with lethal outcomes. It utilizes a criminal events perspective in conceptualizing the nature of these assaults and divides the event into three domains: victim characteristics, situational characteristics, and crime characteristics. Using a method developed by Miethe, Hart, and Regoeczi, conjunctive analysis of case configurations, we find that certain characteristics of the crime itself and certain characteristics of the victim appear strongly associated with fatal outcomes in sexual assaults, while situational characteristics appear relatively weakly associated with lethality.

Lawlessness in the Federal Sentencing Process: A Test for Uniformity and Consistency in Sentence Outcomes
Amy L. Anderson; Cassia Spohn

One of the important goals of the federal sentencing guidelines was to reduce inter-judge disparity in sentencing. In this paper, we test the assumption that structuring discretion produced uniformity in federal sentencing and consistency in the process by which judges arrive at the appropriate sentence. We also examine whether background characteristics of judges affect the sentences they impose on similarly situated offenders. We used hierarchical linear modeling, nesting the offenders in the judges that sentenced them in order to examine the sentencing decisions of federal judges in three U.S. District Courts. While we found that significant variation between judges in sentencing is largely accounted for by our level 1 characteristics, we also found that judges arrive at decisions regarding the appropriate sentence in different ways, by attaching differential weights to several of the legally relevant case characteristics and legally irrelevant offender characteristics.

Criminal Prosecutions: Examining Prosecutorial Discretion and Charge Reductions in U.S. Federal District Courts
Lauren O'Neill Shermer; Brian D. Johnson

The role of the prosecutor in criminal punishments remains a fervent topic of criminal justice discourse, yet it has received limited empirical attention, particularly for U.S. Attorneys in federal district courts. The present study examines charging and sentencing outcomes in federal courts by combining charging data from the Administrative Office of the U.S. Courts with sentencing data from the U.S. Sentencing Commission. The merger of these data sources overcomes limitations of each and provides for an investigation of the causes and consequences of federal prosecutorial charging decisions. Our investigation focuses on the subtle but important influences that extralegal offender characteristics exert in this process. Results indicate that some extralegal characteristics are intricately tied to the likelihood of charge reductions. Moreover, these effects sometimes interact to produce compound disadvantages for some groups of offenders. Our analyses are guided by contemporary theoretical perspectives on courtroom decision-making.

The Pragmatic American: Attributions of Crime and the Hydraulic Relation Hypothesis
James D. Unnever; John K. Cochran; Francis T. Cullen; Brandon K. Applegate

Attribution theory argues that a “hydraulic relation” exists between dispositional and situational attribution styles, causing people to endorse one style at the expense of the other. That is, attribution theorists predict that there should be a strong negative relationship between attribution styles. We test this prediction using data collected in Hillsborough County (Tampa), Florida, and two national polls. Our investigation shows that, rather than a bifurcated view of crime causation, Americans manifest a complex attributional style that views crime emerging from multiple sources. We discuss how these findings reveal that the American public tends to be not ideological but pragmatic in its view of crime causation and, ultimately, in the crime control policies it is willing to endorse.

Contemporary Regional Differences in Support by Whites for the Death Penalty: A Research Note
Steven E. Barkan; Steven F. Cohn

Despite good theoretical reasons to expect strong differences between Southern whites and non-Southern whites in death penalty support, prior research with 1990 General Social Survey (GSS) data found only a small difference that lacked statistical significance. This paper investigates the possibilities that this null result was a statistical anomaly due to sampling vagaries or that a regional difference has emerged since 1990. Examining GSS data from 1974 through 2006, we initially found that a South/non-South regional difference among whites did not exist before 1993 but has existed since then. However, further analysis revealed that a Northeast/non-Northeast difference among whites has also existed during this same period. These findings suggest that future research on death penalty opinion should use both such differences as regional controls rather than just the customary South/non-South division.

Justice Quarterly, June 2010: Volume 27, Issue 3