scispace - formally typeset
Search or ask a question

Showing papers in "Journal of Criminal Law & Criminology in 1991"



Journal ArticleDOI
TL;DR: Huizinga et al. as mentioned in this paper conducted a longitudinal study on the causes and correlates of delinquency, drug use, and other social problems in the United States and found that delinquency is the result of a series of events common to all delinquents.
Abstract: Criminological research and theory generally proceed with the orientation, if not the assumption, that delinquency is the result of some series of events common to all delinquents. While some attention has been given to the concepts of typologies, multiple pathways, and different developmental sequences leading to different outcomes, rarely have these concepts been pursued empirically. This paper uses * This research was supported by grants from the Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice (Grant No. 86-JN-CX-0006) and the National Institute of Drug Abuse (Grant No. RO-DA-05183). Points of view or opinions expressed in this paper are those of the authors and do not necessarily represent the official position or policies of these agencies. We are indebted to Linda P. Cunningham, Meg Dyer, Amanda Elliott, Linda K. Kuhn, Judy Armstrong Laurie, Deantha Ashby Menon,-Judy D. Perry, and Silvia Portillo, the dedicated research staff, without whom the data could never have been collected, nor the data so meticulously prepared for analysis. ** David Huizinga is a Research Associate at the Institute of Behavioral Science at the University of Colorado. Over the past several years, he has been involved in research on social problems and currently is Co-principle Investigator of the National Youth Survey and Principle Investigator of the Denver Youth Survey, which are longitudinal studies of the causes and correlates of delinquency, drug use, and other social problems. Recent publications have appeared in Criminology,Justice Quarterly,Journal of Research in Crime and Delinquency, and Social Science Research. He also recently co-authored Multiple Problem Youth (with Delbert Elliott and Scott Menard). Finn-aage Esbensen is a Research Associate at the Institute of Behavioral Science at the University of Colorado. He is currently an Investigator on the Denver Youth Survey, a longitudinal survey on the causes and correlates of delinquency, drug use, and other social problems. Recent publications have appeared injustice Quarterly, Quality and Quantity, and the American Journal of Police. He recently co-authored Criminology: Explaining Crime and Its Context (with Stephen E. Brown and Gilbert Geis). Anne Wylie Weiher is a Research Associate at the Institute of Behavioral Science at the University of Colorado. She is currently involved in a longitudinal research project examining the causes and correlates of delinquency, drug use, and other social problems. Prior research focused on psychological aspects of cancer. Recent publications have appeared in Journal of Personality and Social Psychology and Medical Anthropology.

649 citations


Journal ArticleDOI
Abstract: Perhaps the most frequently documented conclusion about delinquent behavior is that most offenses are committed with others rather than by persons acting alone Breckenridge and Abbott' were perhaps the first to observe that not only are most delinquent offenses committed with others, but that even most youths who routinely offend alone are influenced by others Because of this article's behavioral perspective, we refer to persons who act together in a crime as co-offenders and to their committing that crime as cooffending2 Co-offending is a universal pattern in all major forms of delinquency and characterizes offending patterns in countries with widely different cultural traditions such as Argentina,3 Japan,4 and India5

369 citations


Book ChapterDOI
TL;DR: Van Kammen et al. as mentioned in this paper found that the severity of offending was associated with social withdrawal and depression, positive attitude to problem behavior, association with deviant peers, and family problems.
Abstract: This paper presents the results of a two year follow-up of a community sample of boys who initially were in grades one, four, or seven (labeled the youngest, middle, and oldest samples, respectively). Initiation in offending was most marked for the youngest sample, escala* Several of the measures used in this study were derived from our earlier work at the Oregon Social Learning Center. We are much indebted to the input from the staff there. In addition, several measures derive from other investigators in the Program on the Causes and Correlates of Delinquency (Terence P. Thornberry, Alan J. Lizotte, Margaret Farnworth, Marvin D. Krohn, and Sung Joon Jang at Albany, NY, and David Huizinga, Finn-Aage Esbensen, and Anne Wylie Weiher at Boulder, CO). Joyce Thompson's help is acknowledged in commenting on an early draft of the paper. Bruce Giroux and Phen Wong effectively assisted in the preparation of the findings. A version of the paper was presented by the second author at the meeting of the American Society of Criminology, Baltimore, Maryland, November 1990. The paper was prepared under Grant No. 86-JN-CX-0009 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, United States Department of Justice. Points of view or opinions in this document are those of the authors and do not necessarily represent the official position or policies of the United States Department of Justice. ** RolfLoeber is an Associate Professor of Psychiatry, Psychology, and Epidemiology at the Western Psychiatric Institute and Clinic, School of Medicine, University of Pittsburgh, Pittsburgh, PA. Magda Stouthamer-Loeber is an Assistant Professor of Psychiatry and Psychology at the Western Psychiatric Institute and Clinic, School of Medicine, University of Pittsburgh, Pittsburgh, PA. Welmoet Van Kammen is a Program Coordinator at the Western Psychiatric Institute and Clinic, School of Medicine, University of Pittsburgh, Pittsburgh, PA. David P. Farrington is a Reader in Psychological Criminology at the Institute of Criminology, University of Cambridge, Cambridge, England. CORRELATES OF JUVENILE OFFENDING tion in the seriousness of offending was prominent for the middle and oldest samples, while de-escalation was most prevalent in the oldest sample. The strength of association between the initial and later seriousness of offending appeared to increase with age. We classified offenders according to their pattern of seriousness of offending over time (called a dynamic classification of offenders). Many variables correlated with this measure, showing a covariation with both increases and decreases in the seriousness of offending over time. We noted major shifts in the correlates of offense seriousness between the three age samples-physical aggression and social withdrawal decreasing in strength, while school problem behaviors, peer deviance, and boys' positive attitude to deviancy increased in magnitude. Several factors were associated with the early initiation of offending (before age twelve), including social withdrawal and depression, positive attitude to problem behavior, association with deviant peers, and family problems. In contrast, the later onset of offending (between ages thirteen and fourteen), among other factors, was associated with low school motivation. Correlates of escalation were found for the two older samples but not for the youngest sample, and were particularly prominent in the area of school functioning, disruptive behaviors, positive attitude to deviant behavior, and some aspects of family functioning. Several variables were associated with desistance in offending, including low social withdrawal, low disruptive behavior, and positive motivational and attitudinal factors. The correlates of initiation were distinct from the processes explaining escalation, but were similar to the correlates of desistance. Finally, the paper discusses the relevance of the findings for preventive interventions.

337 citations


Journal ArticleDOI
TL;DR: In this article, an interactional model was used to investigate the relationship between the emotional bond between parent and child and the adolescent's commitment to school, and found that delinquent behavior further attenuates the strength of the bonds to family and school, thereby establishing a behavioral trajectory towards increasing delinquency.
Abstract: Attachment to parents and commitment to school are important buffers against delinquency. Adolescents who are emotionally bonded to their parents and who succeed at school are unlikely candidates for serious delinquency. These relationships have strong empirical support. In addition, however, it is possible that frequent involvement in delinquency can cause a substantial deterioration in the emotional bond between parent and child and in the adolescent's commitment to school. Indeed, an interactional perspective argues that bidirectional or reciprocal causal influences such as these are more accurate representations of how delinquency develops over the life-course. The present paper tests an interactional model for these variables using the first three waves of data from the Rochester Youth Development Study. Results strongly suggest that the causes of delinquency are more complex than originally thought. While weakened bonds to family and school do cause delinquency, delinquent behavior further attenuates the strength of the bonds to family and school, thereby establishing a behavioral trajectory towards increasing delinquency.

332 citations


Journal ArticleDOI
TL;DR: S Snyder et al. as mentioned in this paper explored the implications of "justice by geography" for juvenile justice policy in the context of the National Juvenile Court Data Archive (NCDI) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP).
Abstract: Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented Formality is associated with greater severity in pre-trial detention and sentencing practices By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leni* Centennial Professor of Law, University of Minnesota Law School PhD (Sociology), Harvard University, 1973; JD, University of Minnesota Law School, 1969; BA, University of Pennsylvania, 1966 The data used in this study are housed in and made available by the National Juvenile Court Data Archive, which is maintained by the National Center forJuvenile Justice ("NCJJ") in Pittsburgh, Pennsylvania, and supported by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP"), United States Department ofJustice The Minnesota Supreme Court's Judicial Information System collected the original data The author's research was conducted under the auspices of the National Juvenile Court Data Archive's Visiting Scholar Program, which was supported by OJJDP The author received exceptional support and assistance in assembling, organizing, and interpreting the data from Dr Howard Snyder, NCJJ Director of Systems Research, Ms Ellen Nimick, NCJJ Senior Research Assistant, and Mr Terry Finnegan, NCIJ Computer Programmer A number of colleagues generously provided constructive critiques of an earlier draft of this article: Gary Crippen, Dan Farber, Candace Kruttschnitt, Anne Rankin Mahoney, Michael Tonry, and two anonymous reviewers Although the author attempted to address many of their concerns, he absolves them of any responsibility for his failure to follow their advice Neither the Minnesota Supreme Court, the National Center for Juvenile Justice, nor the Office ofJuvenile Justice and Delinquency Prevention bear any responsibility for the analyses, interpretations, or conclusions presented herein A version of this Article was presented at the Annual Meeting of the American Society of Criminology, Reno, Nevada, November, 1989 JUSTICE BY GEOGRAPHY ently The Article explores the implications of "justice by geography" for juvenile justice policy

235 citations




Journal ArticleDOI
TL;DR: In this article, the authors evaluate biogenetic and sociological interpretations in the light of evidence drawn from a prospective longitudinal study, and conclude that crime appears to be transmitted through families.
Abstract: Crime appears to be transmitted through families. This article evaluates biogenetic and sociological interpretations in the light of evidence drawn from a prospective longitudinal study. Subjects for the study came from a larger investigation of males who had been in a program designed to prevent delinquency. At the time of their introduction to the prevention program, the boys ranged in age from five to thirteen. Although the treatment program failed to better the lives of its charges, it left a legacy of carefully documented case materials that are used here to examine interacting effects of biological and environmental conditions that appear to promote or retard transmission of aggressive antisocial behavior. The evidence suggests that aggressive models promote criminality and that maternal behavior can reduce the probability that a son will imitate a criminal father.

74 citations


Journal ArticleDOI
TL;DR: In this paper, the just punishment is defined as a social response to a criminal act, devised to prevent some unknown types and number of potential or future criminal acts, and the just or fair felony punishment supposedly reflects the severity of the offense, indicated in part by the injury, physical or financial, suffered by both the crime victim and the general population.
Abstract: The legally justified felony punishment in the contemporary United States supposedly reflects the harm principle i.e., a penal sanction is justified when it prevents harm to individuals in the society.' Thejust or fair felony punishment supposedly reflects the severity of the offense, indicated in part by the injury, physical or financial, suffered by both the crime victim and the general population.2 The just punishment is a social response to a criminal act, devised to prevent some unknown types and number of potential or future criminal acts.3

53 citations



Journal ArticleDOI
TL;DR: As other forms of social control wane, the criminal justice system is expected to fill the void, a situation that will unduly tax not only the operation of thecriminal justice system, but also the meaning and the symbolic value of criminal responsibility.
Abstract: with mental disorder and the treatment of those held criminally responsible.' Furthermore, as other forms of social control wane, the criminal justice system is expected to fill the void, a situation that will unduly tax not only the operation of the criminal justice system, but also the meaning and the symbolic value of criminal responsibility.2 Recently, these two familiar observations have re-surfaced and merged with a specific focus: the mentally disordered in the criminal justice system. Theorists claim that reforms in law and policy governing civil commitment have introduced a new class of mentally

Journal ArticleDOI
TL;DR: This paper presents a statistical model-a two-limit tobit model with heteroscedastic error terms-that is an improvement over techniques often used to analyze sentencing decisions that is applied to the sentences imposed on federal offenders convicted of bank robbery and the distribution of cocaine.
Abstract: Regression analysis is often used to study sentencing decisions. This paper presents a statistical model-a two-limit tobit model with heteroscedastic error terms-that is an improvement over techniques often used to analyze sentencing decisions. This model is applied to the sentences imposed on federal offenders convicted of bank robbery and the distribution of cocaine. Results are used to motivate a discussion of sentence disparity.

Journal ArticleDOI
TL;DR: In this paper, the authors present a review of the literature on justification in criminal law, focusing on the concepts of justification and justification in the criminal law and its application to criminal law.
Abstract: * Associate Professor of Law, University of North Carolina at Chapel Hill. 1 See, e.g., Michael D. Bayles, Character, Purpose, and Criminal Responsibility, 1 LAW & PHIL. 5 (1982); Richard B. Brandt, The Insanity Defense and the Theory of Motivation, 7 LAw & PHIL. 123 (1988) [hereinafter Brandt, The Insanity Defense]; Richard B. Brandt, A Motivational Theory of Excuses in the Criminal Law, in 27 NoMos, CRIMINAL JUSTICE 165 (J. Roland Pennock & John W. Chapman eds., 1985) [hereinafter Brandt, A Motivational Theory of Excuses]; Joshua Dressler, Justifications and Excuses: A Brief Review of the Concepts and the Literature, 33 WAYNE L. REv,. 1155 (1987) [hereinafter Dressler, Justifications and Excuses]; Joshua Dressler, New Thoughts About the Concept ofJustification in the Criminal Law: A Critique of Fletcher's Thinking and Rethinking, 32 U.C.L.A. L. REV. 61 (1984) [hereinafter Dressler, New Thoughts]; Albin Eser,Justification and Excuse, 24 AM.J. COMP. L. 621 (1976); GEORGE P. FLETCHER, RETHINKING CRIMINAL LAW (1978) [hereinafter FLETCHER, RETHINKING CRIMINAL LAW]; George P. Fletcher, The Individualization of Excusing Conditions, 47 S. CAL. L. REV. 1269 (1974); George P. Fletcher, The Right Deed For The Wrong Reason: A Reply to Mr. Robinson, 23 U.C.L.A. L. Rev. 293 (1975); George P. Fletcher, Should Intolerable Prison Conditions Generate A justification or an Excuse for Escape?, 26 U.C.L.A. L. Rev. 1355 (1979) [hereinafter Fletcher, Intolerable Prison Conditions]; George P. Fletcher, The Unmet Challenge of Criminal Theory, 33 WAYNE L. REV. 1439 (1987); Kent Greenawalt, Conflicts of Law and Morality-Institutions of Amelioration, 67 VA. L. REV. 177 (1981); Kent Greenawalt, Distinguishing justifications from Excuses, 49 LAW & CONTEMP. PROBS. 89 (1986) [hereinafter Greenawalt, Distinguishing Justifications from Excuses]; Kent Greenawalt, The Perplexing Borders of Justification and Excuse, 84 COLUM. L. REV. 1897 (1984) [hereinafter Greenawalt, Perplexing Borders]; Jerome Hall, Comment on Justification and Excuse, 24 Am.J. Comp. L. 638 (1976); H.L.A. Hart, Legal Responsibility and Excuses, in DETERMINISM AND FREEDOM IN THE AGE OF MODERN SCIENCE (Sidney Hook ed., 1961); Andrew von Hirsch & Nils Jareborg, Provocation and Culpability, in RESPONSIBILITY, CHARACTER, AND EMoTIONS 241 (Ferdinand Schoeman ed., 1987); Sanford H. Kadish, Complicity, Cause and Blame: A Study in the Interpretation of the Doctrine, 73 CAL. L. REV. 323 (1985); SANFORD H. KADISH, Excusing Crime, 75 CAL. L. REV. 275 (1987); Michael S. Moore, Causation and the Excuses, 73 CAL. L. REV. 1091 (1985); Michael S. Moore, Choice, Character, and Excuse, 7 Soc. PHIL. & POL'Y 29 (1990) [hereinafter Moore, Choice, Character, and Excuse]; MICHAEL MOORE, LAW AND PSYCHIATRY (1984); Paul H. Robinson, Criminal Law Defenses: A Systematic Analysis, 82 COLUM.

Journal ArticleDOI
TL;DR: At the recent National Crime Summit, Attorney General Dick Thornburgh declared, ''We are not here to search for the root causes of crime or to discuss sociological theory''.
Abstract: At the recent National Crime Summit, Attorney General Dick Thornburgh declared, \"We are not here to search for the root causes of crime or to discuss sociological theory.\" He went on to explain that \"debate over the root causes of crime will go on for decades, but the carnage in our mean streets must be stopped now.\" The topic of crime causation was hardly ever mentioned over the next two days of the Crime Summit.


Journal ArticleDOI
TL;DR: A new testing procedure, using the analyses performed on Captain Hazelwood’s voice as an example, is described, and whether the results should be admissible under the rules governing novel scientific evidence is discussed.
Abstract: On March 24, 1989, the oil tanker Exxon Valdez ran aground in Prince William Sound, causing the worst accidental oil spill in history. Captain Joseph J. Hazelwood was in command of the ship, although he was not on the bridge at the time of the accident. Almost immediately, rumors and allegations surfaced suggesting that Hazelwood was intoxicated, but no hard evidence came to light. A captain at sea is a long way from the nearest police officer with a breathalyzer. Hazelwood denied having been intoxicated, and an Alaska jury acquitted him of the charge. There seems to be no way to prove whether or not Hazelwood really had been drinking. Or is there? Recent work in the Speech Research Laboratory at Indiana University’s Psychology Department suggests that intoxication can be detected by acoustic-phonetic analyses of a suspect’s voice.1 The National Transportation Safety Board (NTSB), the federal agency charged with investigating the Exxon Valdez accident, made available to the authors copies of tape recordings of conversations which took place between Captain Hazelwood and the Coast Guard from before, during, and after the accident.2 Analyses of these tapes suggest that Hazelwood was indeed intoxicated when his ship ran aground.3 This novel application of speech science techniques for measuring the effects of alcohol on speech has never, to the knowledge of the authors, been attempted in a civil or criminal case. Our analyses raise several obvious questions: Are the results reliable? How certain can we be that Captain Hazelwood was intoxicated? And, if this new testing procedure, based on voice recordings, can indeed determine that someone was under the influence of alcohol, are the results admissible in court? The answers to these questions have implications beyond their obvious application to determining fault in the more than three hundred pending lawsuits concerning the Alaska oil spill.4 In many cases, defendants may be far away from the nearest breathalyzer or may refuse to submit to blood-alcohol tests. In the absence of reliable, objective evidence of whether a defendant had been drinking, courts must rely on a presumption of guilt based on a defendant’s refusal to take a test,5 admit the speculative opinions of witnesses, or let the jury guess after listening to tape recordings.6 If a new measurement procedure exists that can, at least in some cases, provide objective indications of a person’s physical state or condition, then courts could more reliably convict the guilty and acquit the innocent in cases where no chemical blood test results exist. In this article, we describe this new testing procedure, using the analyses performed on Captain Hazelwood’s voice as an example. We then discuss whether the results should be admissible under the rules governing novel scientific evidence. We conclude that the kinds of acoustic-phonetic analyses described in this article produce reliable and relevant evidence that should be admitted when supported by proper expert testimony. We do not claim that speech analyses conclusively prove that Captain Hazelwood was intoxicated when the Exxon Valdez ran aground. Rather, we believe that the analyses of Hazelwood’s voice produce data consistent with intoxication. They therefore should be admitted into evidence and considered by the jury along with other relevant information.


Journal ArticleDOI
TL;DR: To argue, as Wigmore does, that some involuntary confessions would not be compelled and vice-versa, seems quite bizarre today.
Abstract: conception of compulsion is conceptually unflawed-S is compelled when it is impossible for S to do otherwise' 2 0-the mechanism Wigmore used to implement this conception seems too narrow to explain even the historic function of the self-incrimination clause If this assessment is accurate, one would expect courts to reject the "reliability" test for coercion The courts began to do this in the 1930s and 1940s as they moved to embrace a normative test C WRONGFUL EXTERNAL FORCES Not long after Wigmore published his treatise, courts began to shift the focus from the suspect's will to the police conduct' 2 ' By the mid-1940's, "disciplining of state law enforcement officers became a principal purpose of the confessions rule"' 12 2 The rationale for this change was never clearly expressed One explanation is that some police conduct should be prohibited simply 119 See Schulhofer, Reconsidering Miranda, 54 U Chi L Rev 435, 443 (1987) To be fair to Wigmore, he argued that the rule prohibiting admission of involuntary confessions was independent of the fifth amendment self-incrimination bar against compelled courtroom testimony 4 J WIGMORE, A TREATISE ON EVIDENCE, at § 2266 The rule prohibiting admission of involuntary confessions, he argued, was a evidentiary rule; the fifth amendment self-incrimination bar against compelled courtroom testimony, a constitutional privilege Id Today, however, the two doctrines have merged The fifth amendment prohibits compelled self-incriminating testimony; it would necessarily also bar admission of involuntary self-incriminating statements Whatever formal distinctions might exist in raising these claims, see id, the substance of each claim is that the speaker was forced against his will to give incriminating testimony Whether one calls the testimony "compelled" or "involuntary" seems irrelevant Thus, to argue, as Wigmore does, that some involuntary confessions would not be compelled and vice-versa, id, seems quite bizarre today 120 See WIGMORE ON EVIDENCE, supra note 12, at § 824 Harry Frankfurt articulates essentially the same standard: S acts unfreely only when S's "inclination to avoid the undesirable consequence he faces is irresistible; it is impossible for him to bring himself to accept that consequence" H FRANKFURT, supra note 18, at 49 121 Miranda v Arizona, 384 US 436, 507 (1966) (Harlan, J, dissenting) (noting the Court's "initial emphasis on reliability" which was later "supplemented by concern over the legality and fairness of the police practices in an accusatorial system of law enforcement") 122 Paulsen, The Fourteenth Amendment and the Third Degree, 6 STAN L REV 411, 419 (1954) 1991]




Journal ArticleDOI
TL;DR: The Supreme Court has become so concerned with the equal treatment of searched persons that the Court has often abandoned its role in providing protection for individual privacy.
Abstract: Fourth Amendment jurisprudence is in serious disarray. In searches associated with specific criminal conduct, the per se rule of Johnson v. United StatesI has been under siege almost since its inception. In searches associated with non-specific criminal conduct airport stops,2 border searches,3 drug testing,4 and sobriety checkpoints5 the Supreme Court has been reluctant to restrict police practices.6 Yet, it has become very difficult to predict just how the dual objectives of the Fourth Amendment protection against unjustified searches and protection against arbitrary searches7 will play out in any given set of facts. There is, however, a rather surprising theme which seems to unify many of the Supreme Court decisions on the Fourth Amendment: The Supreme Court has become so concerned with the equal treatment of searched persons that the Court has often abandoned its role in providing protection for individual privacy. In many situations, the Supreme Court has become more interested in whether all searched persons are treated equally than whether the Fourth Amendment has protected persons in a substantive way. The concern for equality has allowed the Supreme Court to give great defer-




Journal ArticleDOI
TL;DR: The three groups of scholars who present their findings in this issue of the Journal have undertaken an important and herculean task and every student of crime must be deeply grateful as discussed by the authors.
Abstract: The three groups of scholars who present their findings in this issue of the Journal have undertaken an important and herculean task. For this undertaking, every student of crime must be deeply grateful. Prospective cohort studies are essential if we are to advance, in any fundamental way, our understanding of the causes of crime and provide important new leads for crime-prevention strategies. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) should be congratulated for having had the foresight to finance research projects that, although important, will not bear fruit for many years. I earnestly hope that OJJDP will nourish to maturity the infant studies that it has conceived.