Crime & Delinquency 61(5)

Crime & Delinquency, June 2015: Volume 61, Issue 5

Organizational-Level Police Discretion: An Application for Police Use of Lethal Force
Jeffrey S. Nowacki

Research on police behavior suggests that discretion is vital to police decision making. Although discretion can originate from many sources (e.g., officers, situations, structure), relatively few studies examine how organizational variables affect officer discretion. Of the studies that test whether organizational level influences shape discretion, even fewer examine their influence on lethal force. This oversight is notable in light of the overrepresentation of Blacks in lethal force incidents because organizational characteristics and policies may reduce racial disparities in the application of lethal force. Using administrative policy and police department size as proxies for organizational variables, this study tests for organizational effects and examines whether these effects vary by race. Using city-level data from 1980 to 1984, this research examines how organizational limits on discretion affect the volume of lethal force incidents. Negative binomial regression results indicate that administrative policy predicts lethal force incidents for total and Black-specific population models but not White-specific models, and department size predicts lethal force incidents for total and White-specific models but not Black-specific models. Organizational correlates of police discretion seem crucial for understanding officer behavior.

Unknown, Unloved? Public Opinion on and Knowledge of Suspended Sentences in the Netherlands
Jean-Louis van Gelder, Pauline Aarten, Willemijn Lamet, and Peter van der Laan

Public opinion research shows that the general public tends to perceive noncustodial sanctions, such as suspended sentences, as too lenient while being largely ignorant about their nature. In two studies among representative samples of the Dutch population, the authors examine public opinion about and knowledge of suspended sentences in the Netherlands. Findings suggest that knowledge of suspended sentences is positively related to their perceived punitiveness and beliefs in their effectiveness. Furthermore, opinions about suspended sentences are related to general penal attitudes. More punitive attitudes translate into less favorable opinions. Finally, providing information about suspended sentences can lead to more positive attitudes and greater belief in their effectiveness.

Abstainers in Adolescence and Adulthood: Exploring the Correlates of Abstention Using Moffitt’s Developmental Taxonomy
Jennifer Gatewood Owens and Lee Ann Slocum

Moffitt’s developmental taxonomy describes a small group of adolescents who abstain from all forms of delinquency because they are isolated from peer groups or because, unlike most adolescents, they lack the desire to engage in “adult-like” behaviors, such as drinking and smoking. Based on Moffitt’s work, this study examines the correlates of abstention for males and females, focusing on negative personal characteristics that may isolate youth from their peers. Using a sample followed from birth through adulthood, the authors found that although many prosocial characteristics are associated with abstention, individuals who refrain from delinquency are also more likely than offenders to possess undesirable personal characteristics. Still, abstainers are more likely than other youth to become successful, well-adjusted adults.

The Unintended Effects of Penal Reform: African American Presence, Incarceration, and the Abolition of Discretionary Parole in the United States
Andres F. Rengifo and Don Stemen

The authors use a pooled-time series design to examine the interplay between state incarceration rates, determinate sentencing, and the size of the African American population between 1978 and 2004. Consistent with prior research, findings show that larger Black populations are associated with higher incarceration rates but that this association has weakened over time. Results also indicate that determinate sentencing is associated with lower imprisonment rates. The interaction between a higher proportion of African American residents and determinate sentencing, however, is associated with higher incarceration rates, suggesting that in states with greater minority presence the abolition of discretionary parole amplifies the impact of punitive responses linked to racial threat. It is argued that this unintended effect reflects the fact that formal constraints on release decision making reduce the ability of justice systems to administer greater punishments to specific subpopulations.

Principles in Practice: A Multistate Study of Gender-Responsive Reforms in the Juvenile Justice System
Sarah Cusworth Walker, Ann Muno, and Cheryl Sullivan-Colglazier

There is currently widespread interest in gender-responsive programming within the juvenile justice system. The research literature currently provides critical information about the needs of girls and pathways into the justice system through epidemiology or program evaluation studies; however, the experience of practitioners implementing reforms is less represented. This perspective is essential given the nascent stage of research on gender-specific best practices and the widespread adoption of gender-specific principles. In this article, the authors review the policy and research literature relevant to the gender-responsive movement and present the results of their multistate study of how principles are being translated into practice, including how reforms are being initiated and sustained. They discuss these findings in light of their implications for practice and research.