Much of the research on the 'abuse breeds violent crime' hypothesis has only examined the existence of abuse rather than the quality of abuse. Data was collected utilizing a retrospective design from a sampling of incarcerated offenders (>N = 719). Each subject was asked a series of questions utilizing the Conflict Tactics Scales. Comparison of chi-square (χ²) values from logistic regression analyses of different measurement models indicated that the more complex measures are stronger in predicting one's likelihood of an arrest for a violent crime. Future analyses can benefit from measuring the quality of abuse rather than its mere existence.

This study uses the National Longitudinal Study of Adolescents (Add Health) data, a nationally representative sample of adolescents, to disentangle the relationship between child maltreatment and violent delinquency. Also examined are potential moderating effects of gender, socioeconomic status (SES), and religiosity on the association between child maltreatment and violent delinquency. Contrary to prior research findings, the current analyses reveal that physical abuse is not associated with future violent delinquency, whereas sexual abuse and neglect predict violent delinquency significantly. The current study also did not reveal any moderating effects of gender, SES, and religiosity on the association between maltreatment and violent delinquency. Interpretations of these findings are presented, drawing on the properties of the national probability sample compared to the findings of most prior studies that used localized samples.

The accountability movement of the juvenile justice system in the late 1980s and early 1990s encouraged more punitive practices by juvenile justice professionals. Public opinion was strong during this time. The attitudes about the juvenile justice system are a product of individual demographic, cultural, and political characteristics. This study addresses opinions about juvenile waivers – a punitive sanction – examining data from the National Opinion Survey of Crime and Justice in the 1990s (see Flanagan, 1996). This study analyzes attitudes about juvenile waivers, using multivariate quantitative methods. The results indicate a consistent relationship between the perception of the sentencing goals of the juvenile court (punishment versus rehabilitation) and one’s attitudes towards the use of juvenile waivers. Contrary to the generated hypotheses, though, attitudes about juvenile waivers were not consistently dependent on individual demographic, cultural, or political characteristics.

Research conducted on the decision points between arrest and sentencing is scarce. The current study attempts to fill this gap by focusing on plea negotiations, examining the effects of individual characteristics on plea bargaining decisions by using two dependent variables – a two-category dependent variable analyzing negotiated pleas vs. non-negotiated pleas and a three-category dependent variable analyzing negotiated pleas, non-negotiated pleas, and bench/jury trial convictions. The results from the multinomial logistic regression indicate that individual characteristics are predictors of negotiated guilty pleas compared to a trial conviction. Black offenders were more likely than white offenders to have their case go to trial rather than straight pleading or negotiating a guilty plea.

The current study seeks to identify significant predictors of pretrial processing for both male and female defendants in an aggregate sample. The data used in this study is taken from the State Court Processing Statistics (SCPS), 1990-2000: Felony Defendants in Large Urban Counties (Bureau of Justice Statistics 2004). The original sample included a total of 87,437 felony cases. The relationship between relevant independent variables and five separate dependent variables (denial of bail, non-financial release, amount of bail set, making bail, and pretrial incarceration) were analyzed using both multivariate regression and Z-score comparisons within gender-specific models. Findings suggest that effects of certain independent variables on pretrial release decisions and outcomes are different between the gender-specific models.

Research on the intergenerational transmission of abuse hypothesis often only examined the existence of abuse. The current study utilizes retrospective recalls of incarcerated male defendants (N = 414), using questions formulated from the modified Conflict Tactics Scales (Straus, 1974). Five logistic regression models are ran, representing a different physical abuse measure, including incidence of physical abuse, severity of physical abuse, and three composite measures: total frequency, total severity, and total frequency/severity. Although social desirability is a limitation in any study relying on self-report data, the comparison of the chi-square (x²) values of each model may give indication that the simpler abuse measures (“incidence of physical abuse” and “severity of physical abuse”) are more predictive of later abusive behaviors than the more complex, composite measures.

Scholars agree that the American prosecutor possesses a great amount of discretion (see Albonetti, 1987; Kersetter, 1990; Thomas & Fitch, 1976). Scholars also agree that such discretion has the potential to result in discrimination in the form of unwarranted disparity (Walker, Spohn, & DeLone, 2000). American prosecutors use their discretion to make initial charging decisions, to seek the death penalty, and to negotiate plea agreements.

One of the most profound and frequently studied issues in the American criminal justice system is racial discrimination. Research indicates that Black offenders are disproportionately represented in prison populations (Blumstein, Cohen, Martin, & Tonry, 1983; Walker, et al., 2000). Although Black citizens only represent 13% of the U.S. population, they represent 45% of the incarcerated population in state and federal prisons (Harrison & Beck, 2003). On its face, Blumstein and his associates (1983) suggested that the overrepresentation of certain groups in prison populations may be a direct result of disparate treatment at sentencing. One argument Blumstein and his colleagues (1983) proffered, though, was that some of the racial disparity in prison populations might be attributed to a cumulative effect, whereby discretionary decisions at each stage contributed to the overall overrepresentation of racial minorities in prison (Blumstein, et al., 1983). Wilmot and Spohn (2004) argued that plea bargaining decisions which can play an important role in court processing. The current research project attempts to examine potential disparate treatment in one of these prior stages – the plea bargaining stage.

One of the problems facing the criminal justice system is unwarranted disparity as a result of unbridled discretion. Although disparity, by itself, does not necessarily indicate a problem in the criminal justice system, disparity unwarranted does present a problem. Disparity becomes unwarranted when, controlling for legal factors, extralegal factors such as race/ethnicity, gender, and age influence court processing decisions. The greater the discretion one possesses, the higher the likelihood of unwarranted disparity in one’s decisions (Albonetti, 1991; Meeker, Jesilow, & Aranda, 1992; Bushway & Piehl, 2001). Within the criminal court system, judicial discretion in sentencing has received the most scrutiny.

Research attempting to explain potential disparities in plea bargaining decisions has often lacked theoretical considerations. This paper develops an integrated theory to better explain the relationship of irrelevant, non-legal factors and plea-bargaining decisions. The paper integrates three theoretical perspectives: consensus/concessions theory (Nardulli, et al., 1988), liberation hypothesis (Kalven and Zeisel, 1966), and focal concerns theory (Steffensmeier, et al., 1998). Research on the disparities in plea bargaining necessitates theoretical explanation. This integrated theory will provide a theoretical basis for future research to explain the rationales of disparate treatment of offenders by prosecutors in their plea bargaining practices.

Blumstein and his associates (1983) suggested that the disproportionate number of young, black males in prison may be a result of cumulative, unwarranted disparate treatment. The current paper addresses one stage of this potential cumulative effect – namely, plea bargaining. There is a gap of the research on plea bargaining: outdated analyses, focused attention on processes rather than outcomes of plea bargaining decisions, and a lack of theoretical basis upon which to explain potential disparities. The current paper attempts to fill this research gap, integrating three theoretical perspectives – consensus/concessions theory, liberation hypothesis, and focal concerns theory – in an attempt to explain potential disparities in charge bargaining decisions.

Sentencing guidelines were established to ensure that punishments were imposed in a fair and consistent manner. The United States Supreme Court in Blakely v. Washington limited judicial discretion by requiring a jury finding on facts that raise sentences above the sentencing guideline range. This article explores the ramifications of the Court’s rulings on sentencing and other court processing decisions. Miethe (1987) suggested that a potential unforeseen consequence of the recent sentence reforms was “hydraulic displacement” of discretion from the judge to the prosecutor. It is purported that the ruling in Blakely will transfer even more discretion to prosecutors through plea bargaining practices.