Justice Quarterly 27(5)

Intimidation and Street Gangs: Understanding the Response of Victims and Bystanders to Perceived Gang Violence
Chris Melde; Callie Marie Rennison

While research routinely examines the influence of gang membership on the quantity of violent crime involvement, less is known about the influence of gang violence on the situational characteristics of violent victimization. Felson's discussion of street gangs highlights the possible functional role gang membership plays in the commission of violent crime; what he terms “the street gang strategy.” This study examines the functionality of gang membership during violent crimes by investigating the influence of perceived gang membership on the likelihood of victim resistance, bystander intervention, and police reporting using data from the National Crime Victimization Survey. Findings offer little support for the idea that gang members intimidate victims and bystanders to the extent that their behavior during and after violence differs systematically from responses resulting from non-gang violence. Results are discussed in terms of their policy relevance and implications for future research.

An Analysis of the Effectiveness of Community Notification and Registration: Do the Best Intentions Predict the Best Practices?
Kristen Zgoba; Bonita M. Veysey; Melissa Dalessandro

This research measures group differences in recidivism before and after implementation of Megan's Law. The pre-post study consists of a total of 550 male sex offenders released during the years 1990 and 2000, of which 250 offenders were released during 1990 and 1994 (i.e., the pre-Megan's Law group) and 300 offenders were released between 1995 and 2000 (i.e., the post-Megan's Law group). Offenders were released from a general population setting and a sex offender specific treatment facility. The main variables of concern include: (1) recidivism levels, (2) days to first re-arrest, and (3) level of harm (i.e., number of sex offenses, violent offenses, and number of child victims). Statistical findings from chi-square and survival analysis testing indicate significant group differences on levels of general recidivism; however, no significant differences were identified on measures of sex offense recidivism. Implications of these findings on sex offender specific policies are discussed.

The Darkest Figure of Crime: Perceptions of Reasons for Male Inmates to Not Report Sexual Assault
Kristine Levan Miller

Although sexual assault behind bars is recognized as problematic, very few of the sexual assaults that occur behind bars are officially reported. Many researchers have examined the individual and institutional variables which can help predict an inmate's probability of being victimized by his fellow inmates. With a sample obtained from a sample of eight Texas prisons, the current survey will disentangle the individual, institutional, and individual-institutional level variables which contribute to the rationales behind inmates choosing to report or not report sexually assaultive behavior. The findings somewhat mirror the findings of sexual assaults in the free community, with inmates indicating that the primary reasons to not report include embarrassment, fear of harassment, and retaliation from the perpetrator.

The Right to Counsel in Juvenile Court: The Conundrum of Attorneys as an Aggravating Factor at Disposition
Barry C. Feld; Shelly Schaefer

In re Gault provided procedural safeguards in juvenile courts, including the right to counsel. Decades later, judges continue to resist appointing lawyers. And, when they do appoint counsel, lawyers appear to be an aggravating factor when judges sentence youths. In 1995, Minnesota enacted law reforms, including mandatory appointment of counsel. As a cost-saving strategy, the law also converted most misdemeanors into status offenses and restricted judges' sentencing authority in order to deny juveniles a right to counsel. This study compares how juvenile courts processed 30,270 youths in 1994—the year before the changes—with how they processed 39,369 youths in 1999 after the amendments. We assess changes in appointment of counsel and their impact on sentencing practices. We report inconsistent judicial compliance with the mandate to appoint counsel and a positive decrease in the number of youths removed from home.

The Power to be Lenient: Examining New York Governors' Capital Case Clemency Decisions
Talia Roitberg Harmon; James R. Acker; Craig Rivera

This article examines the factors explaining New York governors' clemency decisions in capital cases between 1900 and 1963. It relies on a statistical analysis of 130 cases in which death sentences were commuted and a comparison sample of 146 cases resulting in execution. The analysis suggests that governors were more inclined to grant clemency to offenders younger than 21, when appellate court decisions included dissenting opinions, when mitigating factors outnumbered aggravating factors, and when death sentences were imposed pursuant to mandatory capital punishment provisions. The study failed to produce evidence that racial, ethnic, or socioeconomic variables were related to clemency decisions. The statistical analysis is complemented by discussion of the results of a qualitative study of New York capital clemency decisions. The article concludes by urging that a similar combined approach involving quantitative and qualitative techniques be employed to gain further insights into the exercise of clemency discretion in contemporary capital cases.

Justice Quarterly, October 2010: Volume 27, Issue 5