This study uses Justice Stewart’s “faceless, undifferentiated mass” thesis to examine differences between defendants sentenced to death and life without parole. We argue that important differences between defendants may be revealed through the victim-offender relationship and other case-level attributes. The study uses 1,310 first degree murder defendants from Florida that were sentenced to either death or life without parole. Logistic regression was used to examine the victim-offender relationship and case-level attributes including race and gender. There are important differences between these defendants with respect to gender, age, and the victim-offender relationship. The “faceless, undifferentiated mass thesis” offers a new avenue for examining the victim-offender relationship. The implications for research will be discussed.

Over the years, scholars have argued that there are similarities and differences between bullying and hate crimes within Americas' schools. However, no known study has tested the claims that bullying and hate-related victimization are more similar (or different) and whether they share similar protective and/or risk factors. Utilizing the 2019 NCVS School Crime Supplement, the present study draws on several theoretical traditions to examine the protective and risk factors associated with bullying and hate-related victimization in schools. Skewed logistic regression models find that while there are some similarities between the protective and risk factors among bullying and hate-related victimization, there are also some noticeable and distinct differences. The findings fill important theoretical and empirical gaps in the bullying and hate crime literature. Further, the findings offer important policy implications as it relates to detection and prevention of bullying and hate-related victimization within schools.

Recognizing the negative impacts of collateral consequences, policy-makers and scholars have sought to implement formal and informal standards aimed at increasing defendant notice of such consequences before pleading guilty. However, very few studies have sought to explore the actual practices of court room actors regarding collateral consequence notice. The current study filled this gap in knowledge using a survey of South Carolina defense lawyers. Specifically, South Carolina defense attorneys were surveyed about their practices regarding collateral consequence notice as well as their observations of judicial practices regarding collateral consequences. Results indicate that while a large majority of defense attorneys felt that it was their responsibility to inform their clients of collateral consequences, only 36% of respondents agreed that attorneys do a good job informing clients about collateral consequences. In fact, few respondents noted that they always inform their clients about collateral consequences that ex-offenders, probation and parole officers, and social workers consistently identify as particularly impactful to a successful reentry (those related to employment, housing, civic rights, and public benefits) and many never or rarely do so. However, 94.3% of respondents noted that they commonly discuss other collateral consequences with clients. Further, respondents noted that few judges always or often discuss collateral consequences. These results suggest that some collateral consequences are being discussed with some defendants, but also that these practices are inconsistent. Informed by these findings, recommendations for increasing defendant notice of collateral consequences are discussed.

Through a synthetic review (i.e., a synthesis or critical analysis of a body of knowledge to identify trends, discrepancies, and new lines of inquiry), of the case law, supplemented by empirical literature, we aim to achieve two goals: (1) identify the factors that influence judges' perceptions of male victims of female perpetrators of statutory rape, and (2) juxtapose conflicting perspectives between traditional legal professionals and scholars and more contemporary and critical theorists and researchers. This review suggests that the narratives within the case law used to discuss statutory rape perpetuate the marginalisation, devaluation, and invisibility of male victims.

Prior literature has noted that disparities happen within the juvenile court process across a variety of contexts. However, research exploring this theme often neglects to use attribution theory to understand how external community-based attributions, particularly racialized interactions with real or perceived disadvantages within a community, as well as various internal attributions, and how these considerations shape placement decisions. Using quantitative juvenile court data from one southeastern state in the United States, supplemented with American Community Survey data, this study draws upon attribution theory to explore how internal and external attributions affect the placement decisions of serious and violent juveniles.

Recognizing the negative impacts of collateral consequences of conviction, the American Bar Association published advisory standards and other online compendium resources aimed at increasing defendant notice of such consequences before pleading guilty. However, no study has explored defense attorney awareness of these efforts or their perceived effectiveness. The current study fills this gap with a survey of South Carolina criminal defense lawyers. Results indicate that the majority of respondents felt that non-binding standards were ineffective, and most were unaware of an ABA standard aimed at increasing notice of collateral consequences. Further, a significant number of respondents were unaware of electronic sources that provided comprehensive lists of collateral consequences. These results indicate that non-binding standards may not be effective at changing attorney practices with regard to providing notice of collateral consequences. Jurisdictions may need to consider implementing binding standards and additional training meant to educate defense attorneys about the availability of electronic legal source material that provides comprehensive lists of collateral consequences.

Noting the paucity of research on the racial threat hypothesis in the juvenile courts, this study examined the interplay of defendant characteristics and country-level characteristics on dispositions. Data were retrieved from the Department of Juvenile Justice files in South Carolina and were analyzed using multinomial logistic hierarchical linear modeling. Results revealed support for the racial threat hypothesis, as racial inequity operated in a different manner (more punitively) for Black defendants. Larger Black populations in counties also led to an increased use of punitive sanctions. In addition, concentrated disadvantage effects were found, and heightened levels of teenage population led to higher incarceration rates for Black defendants. Limitations of this study, implications for stakeholders/practitioners, and directions for future research are discussed.

The federal courts have played a central role in establishing important rights for inmates, including the Free Exercise of religion. However, there is little empirical research on the nexus between court decision making, inmates' Free Exercise claims, and correctional policies/practices. This research is an attempt to understand this decision-making dynamic by using a sample of 330 federal cases from 2000 to 2007 to examine legal and nonlegal factors that are suspected to affect Free Exercise claims. Importantly, security concerns and legal precedents are among the strongest predictors of whether courts will find in favor of inmates who make Free Exercise claims.

This study examines the use of plea bargaining among a sample of waiver-eligible juveniles. Using focal concerns as our theoretical foundation, we examine whether concerns about public safety and blameworthiness help to shape plea bargain decision making. Data from a juvenile court in one South Carolina jurisdiction were analyzed using logistic regression ( N = 241). This research finds that several factors influence the plea bargain decision including type of offense, number of victims, age, and race. Additionally, the analysis shows that there are several interactive effects between race, first-time offenders, and presence of an attorney. The theoretical and policy implications of these findings are discussed.

An almost inherent characteristic of American death penalty jurisprudence is the long period of time that passes between the sentencing of a death-eligible defendant and the defendant’s execution. Although defendants who are sentenced to death row have a clear interest in exhausting all appeals, in many cases, the entire process may take 20 to 30 years or more, possibly exposing these individuals to undue physical and psychological harm. Such harm, when combined with the execution itself, may violate the Eighth Amendment to the U.S. Constitution. The current piece examines the concept of Lackey claims and examines such claims within the framework of “evolving standards of decency.” Recommendations for policy are also discussed.

Despite sentencing reforms over the last few decades, many states failed to introduce guidelines, including South Carolina. The present article uses data collected from the now disbanded South Carolina Sentencing Commission (1982 to 2003) in order to assess the influence of gender, age, race, and type of crime. We found that females were consistently sentenced more leniently than were similarly situated males. Interactions between gender and the other variables, however, failed to gain significance with the exception of gender and offense type for the sentence length decision. Interestingly, we found a significant interaction between gender and offense severity level for both sentencing outcomes and criminal history for the incarceration decision. We discuss the implications of these findings in the event that South Carolina would have adopted sentencing guidelines.

Abstract There is much uncertainty about the reach of the Eighth Amendment to juvenile offenders. Though this amendment has been used to effectively end the juvenile death penalty, whether it will have the same impact with regards to other areas such as juvenile sentencing remains to be seen.

A generation of criminological research demonstrates considerable overlap between victim and offender populations. Although there is compelling theoretical and empirical evidence that criminal offenders live a high-risk lifestyle that exposes them to a higher likelihood of becoming victims of crime themselves, we take as a point of departure the possibility that an individual’s experiences as a crime victim might also motivate them to engage in certain forms of violent behavior as a form of ‘‘self-help.’’ In this study, violent self-help is conceptualized to encompass gang membership, handgun carrying, and aggravated assault. An analysis of data from a nationally representative sample of adolescents (12 years of age at the initial interview) provides support for the proposition that experienced and vicarious victimization are precursors to later violent behavior, even among youth with no history of violent behavior.

Although a growing body of research on student safety focuses on school disorder, school climate, and the intersection of community/situational factors, comparatively less research has focused specifically on the individual‐ and school‐level factors that put students at risk of victimization in the immediate school environ. The present study is an attempt to broaden our understanding of the contribution of schools and school behavior to the victimization experiences of students. We compare traditional routine activity constructs to understand whether and how they differentially influence the risk of community and school victimization. Additionally, we investigate what school‐related variables (behavioral and structural) explain variation in young people’s risk for school victimization.