Pub Date : 2021-09-13DOI: 10.1146/annurev-criminol-030920-092833
Sarah E. Lageson
This review analyzes criminal record stigma and surveillance through the concept of digital punishment: the collection and widespread dissemination of personally identifiable data by the American criminal legal system and subsequent private actors. The analysis is organized into three parts: a descriptive account of the technological, legal, and social factors that have created mass criminal record data; a theoretical framework for understanding digital criminal records through stigma and surveillance theories; and an argument that contemporary criminal records constitute digital punishment, with emphasis placed on how digital records are disordered, commodified, and biased. I close by raising policy-relevant questions about the widespread disclosure and uses of criminal legal system data for extralegal purposes. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Criminal Record Stigma and Surveillance in the Digital Age","authors":"Sarah E. Lageson","doi":"10.1146/annurev-criminol-030920-092833","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030920-092833","url":null,"abstract":"This review analyzes criminal record stigma and surveillance through the concept of digital punishment: the collection and widespread dissemination of personally identifiable data by the American criminal legal system and subsequent private actors. The analysis is organized into three parts: a descriptive account of the technological, legal, and social factors that have created mass criminal record data; a theoretical framework for understanding digital criminal records through stigma and surveillance theories; and an argument that contemporary criminal records constitute digital punishment, with emphasis placed on how digital records are disordered, commodified, and biased. I close by raising policy-relevant questions about the widespread disclosure and uses of criminal legal system data for extralegal purposes. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41322129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-03DOI: 10.1146/annurev-criminol-030920-114647
M. Lynch, M. A. Long
Green criminology has developed into a criminological subfield with a substantial literature. That literature is so vast that a single review cannot do it justice. This article examines the definition of green crime, the historical development of green criminology, some major areas of green criminological research, and potential future developments. Unlike traditional criminology with its focus on human victims, green criminology recognizes that various living entities can be victims of the ways in which humans harm ecosystems. Green research thus explores crime, victimization, and justice from several theoretical positions that acknowledge these unique victims. Although green criminology contains several approaches, this review primarily focuses on political economic green criminology. The section titled The Definition, Overview, and Historical Development of Green Criminology identifies, but does not review in depth, other forms of green criminology. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Green Criminology: Capitalism, Green Crime and Justice, and Environmental Destruction","authors":"M. Lynch, M. A. Long","doi":"10.1146/annurev-criminol-030920-114647","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030920-114647","url":null,"abstract":"Green criminology has developed into a criminological subfield with a substantial literature. That literature is so vast that a single review cannot do it justice. This article examines the definition of green crime, the historical development of green criminology, some major areas of green criminological research, and potential future developments. Unlike traditional criminology with its focus on human victims, green criminology recognizes that various living entities can be victims of the ways in which humans harm ecosystems. Green research thus explores crime, victimization, and justice from several theoretical positions that acknowledge these unique victims. Although green criminology contains several approaches, this review primarily focuses on political economic green criminology. The section titled The Definition, Overview, and Historical Development of Green Criminology identifies, but does not review in depth, other forms of green criminology. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47303889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-30DOI: 10.1146/annurev-criminol-011518-024445
S. Dolovich
When the state incarcerates, it assumes an affirmative, non-negotiable obligation to keep people in prison safe and to provide for their basic needs. In the United States, the three branches of government—legislative, executive, and judicial—are in theory collectively responsible for making certain that this obligation is fulfilled. In practice, the checks and balances built into the system have failed to ensure even minimally decent carceral conditions. This review maps this regulatory failure. It shows that, in all branches of government, rather than policing prison officials, the relevant institutional actors instead align themselves with the officials they are supposed to regulate, leaving people in custody unprotected and vulnerable to abuse by the very actors sworn to keep them safe. This pattern is no accident. It reflects a palpable normative hostility and contempt toward the incarcerated, an attitude with deep roots in the virulent race hatred endemic to the American carceral project from its earliest days. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Failed Regulation and Oversight of American Prisons","authors":"S. Dolovich","doi":"10.1146/annurev-criminol-011518-024445","DOIUrl":"https://doi.org/10.1146/annurev-criminol-011518-024445","url":null,"abstract":"When the state incarcerates, it assumes an affirmative, non-negotiable obligation to keep people in prison safe and to provide for their basic needs. In the United States, the three branches of government—legislative, executive, and judicial—are in theory collectively responsible for making certain that this obligation is fulfilled. In practice, the checks and balances built into the system have failed to ensure even minimally decent carceral conditions. This review maps this regulatory failure. It shows that, in all branches of government, rather than policing prison officials, the relevant institutional actors instead align themselves with the officials they are supposed to regulate, leaving people in custody unprotected and vulnerable to abuse by the very actors sworn to keep them safe. This pattern is no accident. It reflects a palpable normative hostility and contempt toward the incarcerated, an attitude with deep roots in the virulent race hatred endemic to the American carceral project from its earliest days. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49007038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-23DOI: 10.1146/annurev-criminol-030920-113250
B. J. Casey, Cortney Simmons, L. Somerville, A. Baskin-Sommers
Youthful offenders convicted of serious crimes continue to be sentenced to death and life without parole in the United States based on legal arguments that cast them as incorrigible and permanent dangers to society. Yet psychological and neuroscientific evidence contradicts these arguments and unequivocally demonstrates significant changes in brain, behavior, and personality throughout the life course, especially during adolescence as it extends into the early twenties. This article ( a) clarifies the current state of the science on typical behavioral and brain development showing robust changes into the twenties; ( b) demonstrates that behavior, personality, and psychopathic traits are dynamic and change over time; and ( c) underscores that reliance on prior criminal behavior only to predict later recidivism is tenuous at best. Together, these scientific insights make a case for extending juvenile protections to youthful offenders sentenced for crimes committed in their teens and early twenties. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Making the Sentencing Case: Psychological and Neuroscientific Evidence for Expanding the Age of Youthful Offenders","authors":"B. J. Casey, Cortney Simmons, L. Somerville, A. Baskin-Sommers","doi":"10.1146/annurev-criminol-030920-113250","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030920-113250","url":null,"abstract":"Youthful offenders convicted of serious crimes continue to be sentenced to death and life without parole in the United States based on legal arguments that cast them as incorrigible and permanent dangers to society. Yet psychological and neuroscientific evidence contradicts these arguments and unequivocally demonstrates significant changes in brain, behavior, and personality throughout the life course, especially during adolescence as it extends into the early twenties. This article ( a) clarifies the current state of the science on typical behavioral and brain development showing robust changes into the twenties; ( b) demonstrates that behavior, personality, and psychopathic traits are dynamic and change over time; and ( c) underscores that reliance on prior criminal behavior only to predict later recidivism is tenuous at best. Together, these scientific insights make a case for extending juvenile protections to youthful offenders sentenced for crimes committed in their teens and early twenties. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47710867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An estimated 60 million Americans encounter police annually and Black and Brown Americans over more than one millionmore than one million are disproportionately threatened or subjected to police use of force during these encounters. Much research exists on the efficacy for crime control of the policing practices that produce those encounters for crime control, but outside of formal consequences such as incarceration, the criminology of police harms has been slower to emerge. In this review, we describe the slow violence that contemporary policing practices disproportionately inflict on people of color. These wide-ranging harms constitute cultural trauma, shaping health, well-being, academic performance, government participation, community membership, and physical space. As a result, routine policing practices help create and maintain the racial and class status quo. We close by considering the limits of popular reforms given those harms and urge researchers to take a broader approach by studying nonpolicing alternatives to public safety alongside crime control efficacy and incorporating more critical perspectives to build a more comprehensive assessment of modern policing practices.
{"title":"The Slow Violence of Contemporary Policing","authors":"Rory Kramer, Brianna Remster","doi":"10.31235/osf.io/zuych","DOIUrl":"https://doi.org/10.31235/osf.io/zuych","url":null,"abstract":"An estimated 60 million Americans encounter police annually and Black and Brown Americans over more than one millionmore than one million are disproportionately threatened or subjected to police use of force during these encounters. Much research exists on the efficacy for crime control of the policing practices that produce those encounters for crime control, but outside of formal consequences such as incarceration, the criminology of police harms has been slower to emerge. In this review, we describe the slow violence that contemporary policing practices disproportionately inflict on people of color. These wide-ranging harms constitute cultural trauma, shaping health, well-being, academic performance, government participation, community membership, and physical space. As a result, routine policing practices help create and maintain the racial and class status quo. We close by considering the limits of popular reforms given those harms and urge researchers to take a broader approach by studying nonpolicing alternatives to public safety alongside crime control efficacy and incorporating more critical perspectives to build a more comprehensive assessment of modern policing practices.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43113337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-16DOI: 10.1146/ANNUREV-CRIMINOL-030920-122540
D. Elliott
A brief autobiographical history is presented covering my 57-year career as a criminologist. I begin with my early childhood experiences, growing up during World War II, my undergraduate and graduate school experiences, and my early career years at San Diego State University and the University of Colorado, Boulder. I then discuss two of the major themes in my research developed during these early career years: self-report measures of delinquent behavior and the Integrated Theory of delinquency. My later career years are described, and the third major theme of my work, the identification and promotion of effective delinquency prevention programs, is discussed. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Reflections on Six Decades of Research","authors":"D. Elliott","doi":"10.1146/ANNUREV-CRIMINOL-030920-122540","DOIUrl":"https://doi.org/10.1146/ANNUREV-CRIMINOL-030920-122540","url":null,"abstract":"A brief autobiographical history is presented covering my 57-year career as a criminologist. I begin with my early childhood experiences, growing up during World War II, my undergraduate and graduate school experiences, and my early career years at San Diego State University and the University of Colorado, Boulder. I then discuss two of the major themes in my research developed during these early career years: self-report measures of delinquent behavior and the Integrated Theory of delinquency. My later career years are described, and the third major theme of my work, the identification and promotion of effective delinquency prevention programs, is discussed. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44441305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-02DOI: 10.1146/ANNUREV-CRIMINOL-030620-023027
A. Baskin-Sommers, Shou-An A Chang, Suzanne Estrada, L. Chan
Youthful offending is a complex behavior that develops from an interaction between social experiences and individual differences in thinking patterns and emotional reactions favoring antisociality. The combination of factors associated with offending varies across individuals and influences the ways in which youth perceive, interpret, and respond to a wide range of experiences. Programs must consider the specific environmental (e.g., community), institutional (e.g., schools, parents, peers), and individual factors impacting youth as essential targets for intervention. We synthesize research on family-focused, school-focused, peer- and community-focused, trauma-focused, cognitive-behavioral, and multisystem interventions in terms of their targets and note variability in their effectiveness. Furthermore, we highlight the continued need for developmentally appropriate interventions that accurately target the mechanisms of action, do no harm, are delivered with fidelity, and encourage active engagement by both interveners and youth. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Toward Targeted Interventions: Examining the Science Behind Interventions for Youth Who Offend","authors":"A. Baskin-Sommers, Shou-An A Chang, Suzanne Estrada, L. Chan","doi":"10.1146/ANNUREV-CRIMINOL-030620-023027","DOIUrl":"https://doi.org/10.1146/ANNUREV-CRIMINOL-030620-023027","url":null,"abstract":"Youthful offending is a complex behavior that develops from an interaction between social experiences and individual differences in thinking patterns and emotional reactions favoring antisociality. The combination of factors associated with offending varies across individuals and influences the ways in which youth perceive, interpret, and respond to a wide range of experiences. Programs must consider the specific environmental (e.g., community), institutional (e.g., schools, parents, peers), and individual factors impacting youth as essential targets for intervention. We synthesize research on family-focused, school-focused, peer- and community-focused, trauma-focused, cognitive-behavioral, and multisystem interventions in terms of their targets and note variability in their effectiveness. Furthermore, we highlight the continued need for developmentally appropriate interventions that accurately target the mechanisms of action, do no harm, are delivered with fidelity, and encourage active engagement by both interveners and youth. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49008774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-26DOI: 10.21428/cb6ab371.322ebfb5
Mark T. Berg, Christopher J. Schreck
Criminological theory developed without an expectation of a victim–offender overlap. Among most crime theorists and policymakers, to solve crime it is necessary to solve the criminal offender. Modern choice theories took a different view by evolving from victim data, treating target vulnerability as essential to the criminal act and with full awareness of the overlap. Here, we discuss the emphasis on offenders in criminology as being inconsistent with the facts of the overlap. The evidence shows that the victim–offender overlap is consistently found, implying that offending and victimization arise for similar substantive reasons and that offenders act principally in response to targets. This conclusion has important implications. First, any theory of crime that cannot logically predict the overlap as a fact may be subject to falsification. Second, the choice perspective suggests a theory of precautionary behavior, which urges a policy agenda that encourages actions against crime by potential targets. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Meaning of the Victim-Offender Overlap for Criminological Theory and Crime Prevention Policy","authors":"Mark T. Berg, Christopher J. Schreck","doi":"10.21428/cb6ab371.322ebfb5","DOIUrl":"https://doi.org/10.21428/cb6ab371.322ebfb5","url":null,"abstract":"Criminological theory developed without an expectation of a victim–offender overlap. Among most crime theorists and policymakers, to solve crime it is necessary to solve the criminal offender. Modern choice theories took a different view by evolving from victim data, treating target vulnerability as essential to the criminal act and with full awareness of the overlap. Here, we discuss the emphasis on offenders in criminology as being inconsistent with the facts of the overlap. The evidence shows that the victim–offender overlap is consistently found, implying that offending and victimization arise for similar substantive reasons and that offenders act principally in response to targets. This conclusion has important implications. First, any theory of crime that cannot logically predict the overlap as a fact may be subject to falsification. Second, the choice perspective suggests a theory of precautionary behavior, which urges a policy agenda that encourages actions against crime by potential targets. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44906312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-13DOI: 10.1146/ANNUREV-CRIMINOL-011419-041436
C. Uggen, Ráchael A. Powers, H. McLaughlin, A. Blackstone
Public attention to sexual harassment has increased sharply with the rise of the #MeToo movement, although the phenomenon has sustained strong scientific and policy interest for almost 50 years. A large and impressive interdisciplinary scholarly literature has emerged over this period, yet the criminology of sexual harassment has been slow to develop. This review considers how criminological theory and research can advance knowledge on sexual harassment—and how theory and research on sexual harassment can advance criminological knowledge. We review classic and contemporary studies and highlight points of engagement in these literatures, particularly regarding life-course research and violence against women. After outlining prospects for a criminology of sexual harassment that more squarely addresses perpetrators as well as victims, we discuss how criminological insights might contribute to policy efforts directed toward prevention and control.
{"title":"Toward a Criminology of Sexual Harassment","authors":"C. Uggen, Ráchael A. Powers, H. McLaughlin, A. Blackstone","doi":"10.1146/ANNUREV-CRIMINOL-011419-041436","DOIUrl":"https://doi.org/10.1146/ANNUREV-CRIMINOL-011419-041436","url":null,"abstract":"Public attention to sexual harassment has increased sharply with the rise of the #MeToo movement, although the phenomenon has sustained strong scientific and policy interest for almost 50 years. A large and impressive interdisciplinary scholarly literature has emerged over this period, yet the criminology of sexual harassment has been slow to develop. This review considers how criminological theory and research can advance knowledge on sexual harassment—and how theory and research on sexual harassment can advance criminological knowledge. We review classic and contemporary studies and highlight points of engagement in these literatures, particularly regarding life-course research and violence against women. After outlining prospects for a criminology of sexual harassment that more squarely addresses perpetrators as well as victims, we discuss how criminological insights might contribute to policy efforts directed toward prevention and control.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/ANNUREV-CRIMINOL-011419-041436","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42004969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-13DOI: 10.1146/annurev-criminol-032317-092255
M. Langer
This article documents the diffusion of plea bargaining and other mechanisms to reach criminal convictions without a trial and argues that their spread implies what this article terms an administratization of criminal convictions in many corners of the world. Criminal convictions have been administratized in two ways: ( a) Trial-avoiding mechanisms have given a larger role to nonjudicature, administrative officials in the determination of who gets convicted and for which crimes, and ( b) these decisions are made in proceedings that do not include a trial with its attached defendants’ rights. The article also proposes a way this phenomenon could be quantitatively measured by articulating the rate of administratization of criminal convictions, a metric to allow for comparison among different jurisdictions. The article then presents cross-national data from 26 jurisdictions on their rate of administratization of criminal convictions and different hypotheses that may help explain variation across jurisdictions on this rate.
{"title":"Plea Bargaining, Conviction Without Trial, and the Global Administratization of Criminal Convictions","authors":"M. Langer","doi":"10.1146/annurev-criminol-032317-092255","DOIUrl":"https://doi.org/10.1146/annurev-criminol-032317-092255","url":null,"abstract":"This article documents the diffusion of plea bargaining and other mechanisms to reach criminal convictions without a trial and argues that their spread implies what this article terms an administratization of criminal convictions in many corners of the world. Criminal convictions have been administratized in two ways: ( a) Trial-avoiding mechanisms have given a larger role to nonjudicature, administrative officials in the determination of who gets convicted and for which crimes, and ( b) these decisions are made in proceedings that do not include a trial with its attached defendants’ rights. The article also proposes a way this phenomenon could be quantitatively measured by articulating the rate of administratization of criminal convictions, a metric to allow for comparison among different jurisdictions. The article then presents cross-national data from 26 jurisdictions on their rate of administratization of criminal convictions and different hypotheses that may help explain variation across jurisdictions on this rate.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-criminol-032317-092255","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49385762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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