Crime & Delinquency 57(6)

Crime & Delinquency, November 2011: Volume 57, Issue 6

Juvenile Penalties for "Lawyering Up": The Role of Counsel and Extralegal Case Characteristics
Gaylene S. Armstrong and Bitna Kim

The presence of counsel for juveniles in the courtroom seems advantageous from a due process perspective, yet some studies suggest that juveniles receive harsher dispositions when represented by an attorney. This study tested whether a “counsel penalty” existed regardless of attorney type and, guided by prior sentencing literature, used a more comprehensive model to determine the influence of extralegal and contextual factors that may amplify the counsel penalty. Utilizing official data from a Northeastern state in a multilevel modeling strategy, this study found that regardless of the type of counsel retained, harsher sentences were received as compared with cases in which a juvenile was not represented by counsel even after controlling for offense type. Moreover, minority youth with public defenders and males with private counsel received harsher sentences while community characteristics did not appear to have a significant influence on sentencing decisions.

Causes of School Bullying: Empirical Test of a General Theory of Crime, Differential Association Theory, and General Strain Theory
Byongook Moon, Hye-Won Hwang, and John D. McCluskey

A growing number of studies indicate the ubiquity of school bullying: It is a global concern, regardless of cultural differences. Little previous research has examined whether leading criminological theories can explain bullying, despite the commonality between bullying and delinquency. The current investigation uses longitudinal data on 655 Korean youth, in three schools, to examine the applicability of leading criminological theories (general theory of crime, differential association theory, and general strain theory) in explaining school bullying. Overall, our findings indicate limited support for the generality of these three leading criminological theories in explaining the etiology of bullying. However, the findings show the significant effects of school-generated strains (teachers’ physical and emotional punishment and examination related strain) on bullying. Directions for future research and policy implications of these findings are discussed.

Parental Status and Punitiveness: Moderating Effects of Gender and Concern About Crime
Kelly Welch

Previously identified predictors of public punitiveness include attitudinal, experiential, background, and demographic characteristics. Given the influence of parenthood on certain attitudes and beliefs, it may also affect how strongly individuals endorse harsh punishment for criminals. Few studies have explored how parenthood influences general policy preferences or support for criminal justice measures specifically, and findings have been mixed. The author estimated linear ordinary least squares regression equations, using national random telephone survey data, to test for direct effects of parenthood on measures of punitive attitudes toward juveniles and adults and overall. Two- and three-way interactions with gender and concern about crime were also estimated, and although the additive effects of parenthood on punitiveness were significant only for attitudes toward adult offenders, gender and concern about crime moderated its effects on punitive policy support, with fathers and parents for whom crime was less salient being more punitive. These findings suggest that research testing only linear influences may overlook more complex relationships.

Stability of Delinquent Peer Associations: A Biosocial Test of Warr's Sticky-Friends Hypothesis
Kevin M. Beaver, Chris L. Gibson, Michael G. Turner, Matt DeLisi, Michael G. Vaughn, and Ashleigh Holand

The study of delinquent peers has remained at the forefront of much criminological research and theorizing. One issue of particular importance involves the factors related to why people associate with and maintain a sustained involvement with delinquent peers. Although efforts have been made to address these questions, relatively little attempt has been made to understand these relationships from a biosocial perspective. This gap in the literature is addressed in an analysis of twins from the National Longitudinal Study of Adolescent Health (Add Health). The results of the univariate behavioral genetic models reveal that genetic factors account for between 58% and 74% of the variance in the association with delinquent peers, with the remaining variance attributable to environmental factors. Bivariate Cholesky decomposition models reveal that genetic factors account for 58% of the variance in the stability in delinquent peers. The shared environment explains 34% of the variance in stability, and the remaining 8% is attributable to the nonshared environment. The importance of a biosocial approach in criminological research is discussed.

Cheating the Hangman: The Effect of the Roper v. Simmons Decision on Homicides Committed by Juveniles
Jamie L. Flexon, Lisa Stolzenberg, and Stewart J. D'Alessio

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.

Propensity for Violence Among Homeless and Runaway Adolescents: An Event History Analysis
Devan M. Crawford, Les B. Whitbeck, and Dan R. Hoyt

Little is known about the prevalence of violent behaviors among homeless and runaway adolescents or the specific behavioral factors that influence violent behaviors across time. In this longitudinal study of 300 homeless and runaway adolescents aged 16 to 19 at baseline, the authors use event history analysis to assess the factors associated with acts of violence over 3 years, controlling for individual propensities and time-varying behaviors. Results indicate that females, nonminorities, and nonheterosexuals were less likely to engage in violence across time. Those who met criteria for substance abuse disorders (i.e., alcohol abuse, alcohol dependence, drug abuse) were more likely to engage in violence. A history of caretaker abuse was associated with violent behaviors, as were street survival strategies such as selling drugs, participating in gang activity, and associating with deviant peers. Simply having spent time directly on the streets at any specific time point also increased the likelihood for violence.

Sentencing Juveniles to Life in Prison: The Reproduction of Juvenile Justice for Young Adolescents Charged With Murder
Simon I. Singer

In Roper v. Simmons, the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for nonhomicide offenses is also unconstitutional (Graham v. Florida, 2010). Part of the reason for the Court’s decisions is the lack of consensus as to the appropriateness of punishing juveniles as if they were adults. To examine the extent to which there is consensus as to the capital penalties for capital crimes, this article examines a population of young juveniles who were initially charged with murder, and then subsequently convicted in criminal court and sentenced to life in prison. As is the case with adults, not all juveniles were convicted in criminal court for their initial charge of murder. But unlike for adults, a proportion of eligible juveniles were adjudicated delinquent in juvenile court or received youthful offender in criminal court, resulting in a less severe sentence than a maximum of life in prison. The author suggests that this reduced set of sanctions, which a segment of juveniles receive, is substantive justice and the reproduction of juvenile justice. He found significant differences in the reproduction of juvenile justice by place and prior offense.