Juvenile homicide offenders: A 35‐year‐follow‐up study

Murders committed by juveniles have been a major concern in the USA for more than 40 years. Due to decisions in the 21st century by the United States Supreme Court, the likelihood of juvenile homicide offenders being sentenced to life without parole (LWOP) is less than in past decades. In addition, hundreds of individuals in prison who were sentenced to LWOP under mandatory sentencing statutes or their equivalent as juveniles for murder are now eligible for resentencing and may be released. Given these changes in sentencing policies and practices, follow‐up research on juveniles involved in murder is needed. This study is a 35‐year follow‐up study of 59 boys who were convicted of murder and sentenced to adult prisons in a southeastern state, and initially interviewed in the early 1980s. Twenty‐two of these men agreed to participate in clinical interviews about their experiences in prison and upon return to the community if released. The experiences in prison are highlighted for all men. Thereafter, attention focuses on the 19 juvenile homicide offenders who have been released. Of these 19 men, 11 were classified as failures given that they were sent back to prison at least once. Length of time served and completion of GED were the best predictors of post‐release success. Clinical observations, implications of the findings, limitations of the study, and directions for future research are discussed.     

Looking deathworthy: perceived stereotypicality of Black defendants predicts capital-sentencing outcomes

Researchers previously have investigated the role of race in capital sentencing, and in particular, whether the race of the defendant or victim influences the likelihood of a death sentence. In the present study, we examined whether the likelihood of being sentenced to death is influenced by the degree to which a Black defendant is perceived to have a stereotypically Black appearance. Controlling for a wide array of factors, we found that in cases involving a White victim, the more stereotypically Black a defendant is perceived to be, the more likely that person is to be sentenced to death.     

Assessing the "evolving standards of decency:" perceptions of capital punishment for juveniles

This study examines whether public opinion parallels recent judicial and statutory changes limiting the applicability of capital sentences to offenders younger than 18 years old. Two hundred and thirty-five undergraduate students were administered a vignette of a capital case and asked to render a sentence of death or life in prison without parole. Results revealed that age of the defendant was not a significant predictor of sentence type; participants sentenced 16- and 17-year-old defendants similarly to 18- and 25-year-old defendants. Therefore, public opinion appears inconsistent with legal and legislative changes to abandon the practice of executing juveniles. Findings also suggested that perceived level of the defendant's responsibility and general opinion about capital sentences significantly predicted sentence type; perceptions of greater responsibility were associated with an increased likelihood of a death sentence. However, participants did not perceive differences in responsibility between juvenile and adult defendants. In addition, participants were more comfortable sentencing defendants to death compared with life in prison.     

State of the States: A survey of statutory law,regulations and court rules pertaining to guilty pleas across the United States

A psycholegal research agenda on guilty pleas is in its nascent stage. Multijurisdictional surveys of related law and policy may advance this research agenda by focusing investigators on the specifics of existing policies and motivating cross‐jurisdictional comparisons of diverse policies. We thus conducted a systematic, national survey of statutes, regulations and court rules across the United States pertaining to nine aspects of the guilty plea process, including sentencing differentials, collateral consequences and waiver of rights, which have been identified in existing legal and psycholegal research and commentary. Following a discussion of these issues, including legal concerns and existing research findings, we present the results of our systematic survey. We supplement this review with a non‐systematic sampling of appellate case law. Broadly, there was notable diversity in whether and how jurisdictions approached these issues. We discuss general and specific implications of our findings for future research, emphasizing the importance of data on actual policies and procedures to the design of studies that may contribute to evidence‐based criminal justice policy.     

Race and the Criminal Justice System Response to Sexual Assault: A Systematic Review

Prior research has consistently documented that the vast majority of sexual assault cases do not progress through the criminal justice system. However, there is less agreement in prior work on how race influences case progression, resulting in a literature frequently described as “inconsistent.” This systematic review examines all prior research that has included race as an independent variable in predicting the criminal justice system response to sexual assault (N = 34) in an effort to provide insight into seemingly disparate findings. We assess each study for the degree to which race was a focal point of interest, if and what theory was used to inform the investigation of race, how samples were drawn, and how and whose race was measured. Results illustrate that findings in prior research are not inconsistent, but rather unite to tell a nuanced story of the role of race in the criminal justice system response to sexual assault. The review demonstrates how decisions made by researchers throughout the research process can have significant impacts on reported findings, and how such findings may be used to influence policy and practice.     

The influence of Afrocentric facial features in criminal sentencing

Prior research has shown that within a racial category, people with more Afrocentric facial features are presumed more likely to have traits that are stereotypic of Black Americans compared with people with less Afrocentric features. The present study investigated whether this form of feature-based stereotyping might be observed in criminal-sentencing decisions. Analysis of a random sample of inmate records showed that Black and White inmates, given equivalent criminal histories, received roughly equivalent sentences. However, within each race, inmates with more Afrocentric features received harsher sentences than those with less Afrocentric features. These results are consistent with laboratory findings, and they suggest that although racial stereotyping as a function of racial category has been successfully removed from sentencing decisions, racial stereotyping based on the facial features of the offender is a form of bias that is largely overlooked.     

Sentencing sex crimes against children: an empirical and policy analysis

This study investigated factors that contributed to the sentencing outcomes of 387 sex crimes against children who were prosecuted in a large East Coast city. Hypothesized variables that were indexed to predict sentencing included several offense, victim, and perpetrator characteristics. The findings revealed that individual victims' experiences are generally less predictive of sentencing outcomes than perpetrators' characteristics, that sentences generally tend to be lenient, that intra-family and stranger abuse seem to be taken equally seriously, and that the criminal justice system does seem to incarcerate those society is most worried about-persistent predators who abuse several children. The article ends with suggestions for further research and policy development.     

Juveniles tried as adults: the age of the juvenile matters

Serious juvenile crimes require evaluation of a child as a criminal defendant in adult court. In such cases, it is crucial to understand jurors' attitudes, biases, and ability to follow legal instructions and maintain fairness. 308 undergraduate psychology students served as mock jurors, were randomly separated into four groups, and each group read the same realistic summary of a trial with the defendant's age presented as 13, 15, 17, or 21 years. Participants were asked to render guilty or not guilty verdicts and, if guilty, to suggest sentences. Chi-squared analysis indicated 13- and 15-year-old defendants were convicted less often than 17- and 21-year-old defendants, showing that jurors distinguished between juvenile defendants of different ages, but not minors and adults as defined by law. Additional analysis showed that age did not affect sentencing recommendations. Decision processes jurors use for juveniles tried as adults are discussed.     

The guilty mind and criminal sentencing: integrating legal and empirical inquiry as illustrated by capital sentencing

We articulate an interpretation of mens rea that is broader than the traditional special sense but narrower than the traditional general sense. Mens rea in this intermediate sense addresses the guilty mind required by the sentencing criteria for specific criminal sentences for particular offenses. We advance an analytic structure for the integration of legal and empirical inquiry regarding standards of culpability that establish eligibility for capital punishment under contemporary United States legal doctrine. This structure addresses legal standards of culpability directly as well as indirectly in the form of evolving standards of decency. The general form of this analysis should be applicable more generally to sentencing provisions that address culpability as a sentencing consideration for other criminal sentences.     

Effect of continuing care for people with cocaine dependence on criminal justice sentences

While continuing care for substance use treatment has been associated with reduced involvement in the criminal justice system, much of this research lacks random assignment to continuing care and so is limited by self‐selection bias. This study sought to determine the impact of adding telephone‐based continuing care to intensive outpatient programs on criminal justice outcomes for people with cocaine dependence. In three continuing care studies, spanning 1998–2008, participants were randomly assigned to an intensive outpatient program or an intensive outpatient program plus a telephone‐based continuing care intervention. Cocaine‐dependent participants from these three studies were included in the analyses, with outcomes derived from a dataset of jurisdiction‐wide criminal sentences from a state sentencing agency. Multiple logistic regression was employed to examine the odds of a criminal conviction occurring in the 4 years after enrollment in a continuing care study. The results showed that, controlling for a criminal sentence in the previous year, gender, age, and continuing care study, people with cocaine dependence randomized to an intensive outpatient program plus a telephone‐based continuing care intervention had 54% lower odds (p = 0.05, odds ratio = 0.46, 95% CI: 0.20–1.02) of a criminal sentence in the 4 years after enrollment in the continuing care study, compared with those randomized to an intensive outpatient program alone. We can conclude that adding telephone monitoring and counseling to intensive outpatient programs is associated with fewer criminal convictions over a 4‐year follow‐up period compared with intensive outpatient programs alone.     

Post‐incarceration Recidivism of Lone versus Group Juvenile Homicide Offenders

Killings by juvenile homicide offenders (JHOs) who use accomplices have been increasing since the 1980s and currently represent approximately half of juvenile arrests for murder in the United States. Nevertheless, prior research has not compared JHOs who kill alone with JHOs who kill in groups. The present research followed up 30 years later on a sample of 59 male murderers and attempted murderers sentenced to adult prison. This study was designed to analyze whether lone and group JHOs differed on pre‐incarceration, incarceration, and post‐incarceration variables. Significant findings indicated that compared with lone offenders, group JHOs had a higher mean of pre‐homicide arrests and were more likely to be Black, have a pre‐homicide delinquent record, commit a crime‐related homicide offense, and target a stranger. With respect to post‐homicide variables, group JHOs were more likely to be released from prison and more likely to be rearrested. The two types of JHOs did not differ significantly in relation to the number of post‐release violent offenses. Preliminary implications of the findings and avenues for future investigation are discussed. Copyright © 2016 John Wiley & Sons, Ltd.     

Making the Punishment Fit the Crime and the Criminal: Attributions of Dangerousness as a Mediator of Liability1

This research examines how individuals use information regarding characteristics of crimes (e. g., crime severity) and characteristics of the offender (e. g, prior criminal record) to form an impression of the criminal as dangerous to society, and to make liability judgments. Two studies presented college students and community members with crime scenarios and asked for ratings of crime severity, likelihood of recidivism, perceived dangerousness of the offender, and liability. Type of crime, severity. and likelihood of recidivism significantly predicted both liability and perceived dangerousness. Further more, in crimes against people only, the effects of severity and recidivism on liability were partially mediated by individuals' perceptions of the offender as criminally dangerous. The discussion examines the implications of these findings for attribution theory and sentencing in the criminal‐justice system.     

Effects of prior juror experience on jury sentencing

The effect of prior juror service on jury sentencing was investigated in an archival study of 143 criminal trials resulting in convictions. Trials took place over two calendar years in a state circuit court requiring jurors to serve 30-day terms. Jurors sentenced defendants in each case according to a set of guidelines determined by trial judges. The severity of the sentences imposed by jurors was rated by 101 subjects on a scale of 1 (least severe) to 100 (most severe). The results indicated that the more experienced juries gave significantly more severe sentences than did the less experienced juries. This finding was unchanged when civil court experience was considered in addition to criminal court experience. Possible interpretations of these results are discussed.     

Mosaic trisomy 20 and mitigation in capital crimes sentencing: A review and case report

Trisomy 20 is a genetic abnormality in which individuals have an extra copy of chromosome 20. Complete trisomy 20 is rare and believed to be incompatible with life. A mosaic form of trisomy 20, in which only some cells or tissues contain the extra chromosome, is a relatively commonly encountered chromosomal abnormality found during prenatal testing, and c. 90% result in a normal phenotype. However, despite the absence of a consistent phenotype, certain findings have been reported across multiple cases of mosaic trisomy 20. These include an array of morphological findings, developmental delays, and learning disabilities. Beyond physical manifestations, a wide range of developmental and learning delays have also been reported. In this work, we provide an overview of the trisomy 20 literature and a case report of a young adult male with mosaic trisomy 20 who committed homicide. His developmental and life history, eventual diagnosis of mosaic trisomy 20, similarities and differences in his condition compared with prior research findings, and potentially new phenotypic findings associated with trisomy 20 that he manifested (childhood visual hallucinations, self‐injury, polydactyly) are presented. Additionally, the potential role of this genetic diagnosis in his neuropsychiatric history and its successful application as a mitigating factor at his capital sentencing trial are described. We did not identify other similar cases during our search of major scientific and legal databases. As a backdrop, the use of genetics in criminal trials is on the rise, and courts are increasingly likely to accept behavioral genetics evidence; therefore, it is crucial that the legal system is well acquainted with the opportunities and limitations of these approaches.     

Predictors of Sentencing Decisions: The Beliefs, Personality Variables, and Demographic Factors of Juvenile Justice

The role of beliefs, personality variables, and demographic factors in the sentencing of juvenile offenders was investigated. The subjects (1,030 members of the juvenile justice system) judged hypothetical juvenile perpetrators. Various personality, belief, and demographic variables were found to be related to sentencing severity; these relationships differed based on the type of crime judged. Further, relations among these variables and sentencing behavior indicated three coherent patterns or resonances. A liberal group of individuals, believing in rehabilitation, external causality of crime, a positive prognosis for the perpetrator, and nontraditional views of women, sentenced moderately. Two types of conservative individuals were defined. Both groups were punitive, and believed in internal causality of crime; however, they differed on attitudes toward women, needs for cognition, and beliefs about seriousness and harm. One group sentenced the most severely and the other the most leniently. Implications for the sentencing of juvenile offenders are discussed.     

Do “They all look alike?” The Effect of Race,Sex, Experience,and Attitudes on the Ability to Recognize Faces1

Legal scholars and social scientists have long assumed that there is a racial bias in facial recognition and eyewitness identifications, with persons being much more accurate in identifying persons of their own race, but corroborative research evidence is scanty. In the present study, black and white college students attempted to identify which of a series of facial photos they had seen earlier. As predicted, a strong race of subject by race of picture interaction was found; both black and white subjects were significantly more accurate in identifying pictures of their own race than pictures of the other race. However, contrary to assumptions made by many legal and criminal justice personnel, neither racial attitude nor reported amount of quality of interracial experience were related to ability to recognize pictures. Implications for eyewitness identifications of these and related findings are discussed.     

Should victim impact influence sentences? Understanding the community's justice reasoning

Victim impact statements have been introduced in response to growing community concern about apparent neglect of victims in the criminal justice system. Their use in sentencing is a contentious issue, because victim characteristics such as resilience or fragility can contribute to impacts. Is it appropriate for sentences to be influenced by consequences arising from chance victim circumstances unforeseeable by the offender? In the interest of achieving an optimal fit between the justice system and community expectations, this research examined a neglected question: how does the public reason about the issue? Using offense vignettes presented to 260 people in Western Australia, sentencing decisions were found to vary according to consequences arising from victim characteristics. There was little to indicate participants fully appreciated the issue; thus, further research is needed to clarify how justice reasoning principles are used, and to ascertain whether different decisions are taken when people are informed about the problem.     

Stakes and risk: Incapacitative intent in sentencing decisions

Measures of seriousness of the conviction offense and prior criminal record are strong correlates of sentences. This is consistent with a desert orientation to sentencing. Competing sentencing theories emphasize concepts of risk and incapacitation, but their roles in sentencing decisions have received less attention. This study focused on judicial risk assessments and on the concept of stakes. Both variables plausibly are related to incapacitative intents of judges. Our hypotheses that the risk and stakes measures used are relatively independent and correlated with, and have an interaction effect on, decision outcomes were supported. Both judges' assessments of risk and our stakes scale accounted for substantial variation in the decision to incarcerate. Time actually served in confinement also was related substantially to stakes, risk, and their interaction. Implications of the stakes and risk concepts for future guidelines development and decision study in criminal justice are discussed.     

Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system

The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process.