Prior Convictions Research Articles

Challenging Prior Convictions at Sentencing

Research Article| September 01 1993 Challenging Prior Convictions at Sentencing Olivia W. Karlin Olivia W. Karlin Search for other works by this author on: This Site PubMed Google Scholar Federal Sentencing Reporter (1993) 6 (2): 102–105. https://doi.org/10.2307/20639649 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Olivia W. Karlin; Challenging Prior Convictions at Sentencing. Federal Sentencing Reporter 1 September 1993; 6 (2): 102–105. doi: https://doi.org/10.2307/20639649 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentFederal Sentencing Reporter Search This content is only available via PDF. Copyright 1993 Vera Institute of Justice, Inc. Article PDF first page preview Close Modal You do not currently have access to this content.

Personality patterns of male felons in a correctional halfway house setting: An MMPI typological analysis

The MMPI profiles of 184 male felons who were residing in a correctional halfway house setting were cluster analyzed using S. Johnson's (1967) method to empirically identify different personality types. The samples ranged in age from 19 to 60 years and included three legal status groups: state parole, federal pre-release, and state furlough. Eight MMPI groups were derived and interpretive summaries provided. The eight types were compared across 13 demographic and descriptive variables with significant differences among groups found for age, prior felony convictions, and prior incarcerations using ANOVA. Diagnostic and treatment concerns were discussed.

The effectiveness of felony probation: Results from an eastern state

Data from New Jersey were used to examine the effectiveness of felony probation. Examination of more than 2,000 burglars, robbers, and controlled substance offenders placed on probation in 1976–1977 showed that their recidivism at three, four, and approximately 10 years after sentencing ranged from approximately one-third to more than half arrested and about 10 percent imprisoned. Prior convictions, type of offense, age, race, the Greenwood prediction device, use of heroin, and employment were statistically significant correlates of recidivism. The major conclusion is that probation is an acceptable sentencing alternative for some felony offenders in some states but that recidivism rates can be alarmingly high for particular categories of offenders. In addition, probation officials should devote some attention to the needs of probationers in such problem areas as employment and drug abuse.

Characteristics of belted and unbelted drivers

Drivers who had been observed wearing or not wearing shoulder belts were compared using vehicle registration data, driver records, and telephone interviews. The observations were made on the New York Thruway during a special seat belt publicity and enforcement program, which achieved a 75% overall belt use. The results showed that those drivers who still did not wear a shoulder belt despite New York law and the special Thruway program were more likely to be male, to be driving older vehicles, to have more prior traffic convictions, to have more prior injury crash involvements, and to say they are more likely to take risks than others. Although drivers reported that assessing points against the drivers license for belt law violations could increase belt use, citations for belt use law violations were very rare, and enforcement would probably have to increase before any new penalty could be effective.

Judged Likelihood of Different Second Crimes: A Function of Judged Similarity

Numerous studies have concluded that the judged probability of conviction for a crime is higher when information concerning a prior conviction is disclosed. This is even more true when the prior and present crimes are the same. This paper examines the argument that the influence of a hypothetical previous conviction on the judgment of predilection toward a hypothetical present crime is a continuous function of the degree of similarity between past and present crimes. The subjects were presented with all possible pairs of 10 crimes, the first being considered as a prior conviction and the second as a presently charged crime. The subjects judged the subjective likelihood that a person convicted of the first crime (C1) would, in fact, he of a mind and inclination to commit the second one (C2). Independent judgments of intercrime, undefined similarity also were obtained. The main experimental findings, as expected, were that the judged probability of C2. given C1, was: (a) greatest when C2 was a repeat of C1; (b) uniquely different for each C1; (c) predicted quite well by degree of intercrime similarity; (d) poorly predicted by crime seriousness values. Thus, the subject appears to make judgments of predilection on the basis of simple representativeness heuristics, which specify that certain crimes will be considered more likely if they are more semantically related to earlier ones. Such a mental device unfortunately would he systematically biased in courtroom settings because judgments of intercrime similarity are not influenced by real‐world probabilities.

Persistent ony Offenders in Kentucky: A Comparaison of Incarcerated Felons

This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. Data on all incarcerated persistent felony offenders (N = 1,261 as of May 1, 1985) and on a ten percent random sample of other incarcerated felons (N = 356) were collected. The comparison group was subdivided into two parts: 1) first offenders (incarcerated for their first conviction, N = 125) and 2) repeat offenders (incarcerated with at least one prior conviction but not sentenced as PFO's, N = 231). The primary distinction between the PFO and repeat offender groups is the length of sentence. Although the criminal histories of the PFO's revealed that they had been involved in violent crime, it appears that the PFO statute was not consistently applied to all repeat offenders.

Using Prior Corporate Convictions to Impeach

Using Prior Corporate Convictions to Impeach

“Purpose versus practice in the use of electronically monitored home confinement”

This paper explores differences between the stated purpose and actual practice of electronically monitored home confinement as a prison-diversion strategy. Methods and data are triangulated to examine the difference between the stated purposes of electronic monitoring and its actual usage in two contexts: 1) the decision to imprison/probate; and 2) the actual use of electronically monitored home confinement. Sentencing information, along with data on employment, family, substance abuse, prior convictions, and type of offense, were collected on 391 felony offenders sentenced to probation in 1987–89 from three counties located in two large Metropolitan Statistical Areas in Texas. Information gathered from interviews with probation officials is also employed. This paper presents an analysis of this data and discusses its implications for future use and evaluation of electronically monitored home confinement.

A survival model of pretrial failure

This paper examines the likelihood of rearrest during the pretrial period with a model that depends on both time elapsed since release and on individual and case characteristics. Using data on a sample of male arrestees released on recognizance in the District of Columbia in 1984, we apply a survival or hazard model to the problem of “predicting” pretrial rearrest. We are particularly interested in whether drug use, as measured by urinalysis at arrest, is predictive of pretrial rearrest and its timing. Results show, for example, that drug use or a charge for larceny is associated with high risk levels in the period immediately following release. In our data, the number of prior convictions exerts a strong effect on rearrest risk throughout the pretrial period, but the initial high risk associated with being on probation or parole or having pending charges decreases rapidly over the course of a year at risk.

Selective Participation, Effectiveness, and Prison College Programs

Abstract College programs have been increasingly offered in American prisons since the 1950s. Although these programs appear to be an effective rehabilitative alternative, evaluations of prison college programs have been limited. An important methodological concern in studies of correctional programs is selective participation, and this suggests that effectiveness is not the only issue. This study addresses two questions: “what is the relationship between college programs in prisons and societal adjustment?” and “which offenders participate in college programs?” The post-release success of 526 offenders enrolled in college, vocational, secondary, and elementary programs while incarcerated in three Wisconsin prisons between 1980 and 1985 was examined. A composite index of parole adjustment, providing a comprehensive indicator of societal adjustment, was used rather than relying on recidivism as the sole dependent measure. While the results were mixed, college program participants were found to have better adjustment scores controlling for differences in age, race, gender, previous incarceration, prior conviction and type of offense. A comparison of offenders who participated in these programs indicates that blacks and women were under-represented in the prison college programs.

Prior Convictions by Dave Hickey

Prior Convictions by Dave Hickey

The entrapment defense: Juror comprehension and decision making.

Most American jurisdictions follow either asubjective or anobjective approach to the entrapment defense. In order to test some of the differences between the two approaches, student jurors viewed a videotaped cocaine trial and were presented with either subjective test or objective test instructions. The admission of prior conviction evidence was also varied. The jurors deliberated, returned a verdict, and then completed a questionnaire that measured their understanding of the instructions and trial facts. Results show that, first, juror comprehension of the principal features of the objective test is very poor. It is suggested that an effort be made to simplify instructions describing the objective test. Should simplification not improve comprehension, it is argued that the judge, not the jury, should decide the entrapment defense when the objective test is used. Second, admission of a prior conviction has a significant impact on verdicts in the subjective test condition, but not in the objective test condition. This finding suggests that the subjective test instructions are effective in encouraging jurors to use prior convictions as evidence of guilt. The content of the objective test instruction may also account for part of the difference in impact. Jurors in the objective test condition were instructed not to take the defendant's predisposition into account, and a substantial minority of the jurors under-stood this aspect of the instruction.

The effects of impeachment evidence and limiting instructions on individual and group decision making.

Two studies were conducted to investigate the effects of impeachment evidence in civil cases. According to the Federal Rules of Evidence, impeachment evidence can be used to judge defendant credibility, but not to infer bad character or harmful propensity. Jury-eligible subjects watched a realistic videotaped trial in which prior convictions for perjury and character evidence of honesty or dishonesty were manipulated. In Study 1, subjects provided individual judgments, and in Study 2, subjects engaged in group deliberations. Impeachment evidence did not strongly affect verdicts, and character evidence of honesty decreased liability only when limiting instructions were given. In both studies, however, the evidence produced legally permissible and impermissible inferences. Prior convictions reduced perceived credibility and increased inferences of negligent propensity. Evidence of dishonesty produced lower credibility ratings and negative character impressions. Credibility, character, and propensity assessments were all important in the verdict-reaching process, suggesting that juror's decisions do not conform to the requirements of the Rules of Evidence.

Driving Under the Influence: The Impact of Legislative Reform on Court Sentencing Practices

In 1982, California introduced a number of revisions into its Vehicle Code sections dealing with the prosecution and sentencing of defendants charged with driving under the influence of alcohol. These revisions included redefining the relationship between blood alcohol concentration and criminal liability, constraints upon the plea-bargaining process, and an increase in the severity of penalties. An assessment is offered, based upon a random sample of 2,091 cases from one California county, of the impact of legislative reform on court sentencing practices. While the new law succeeded in eliminating “prior conviction” bargaining, the “reduction to reckless driving” form of bargaining, though initially substantially reduced, quickly rose again to prereform levels. Contrary to expectations, trial rates increased and rates of conviction at trial decreased. Problems of court congestion were exacerbated rather than relieved. The impact of increased penalties has been substantial for some offenders and for others negligible.

Socioeconomic and criminological attributes of convicts in two Nigerian prisons

This article examines the socioeconomic backgrounds, patterns of offense seriousness, and sociolegal correlates of length of prison sentence of a sample of convicts in two Nigerian prisons. Presentation of the empirical analysis is preceded by an outline of Nigeria's socioeconomic and politicolegal structures to provide a systemic appraisal of the nation's crime and penological features. The results of the investigation show that the inmate population is drawn from the young, poorly educated, and politically and economically disadvantaged groups. The lengths of prison sentences imposed on the convicts were found to be related to type of crime, age, preincarceration income level, and prior record. Older convicts, those convicted of violent property crimes, and lower-income earners generally received longer prison sentences. Paradoxically, convicts with prior conviction records generally received shorter prison sentences.

The effect of prior record in sentencing research: An examination of the assumption that any measure is adequate

The defendant's prior criminal record has been shown to be an important factor in explaining sentencing decisions and in accounting for sentencing disparity. Yet little attention has been paid to the appropriate measurement of this variable. Researchers have not agreed on a common measure, but have used misdemeanor or felony arrests, misdemeanor or felony convictions, prison terms, or some combination of these. This paper examined the impact of various measure of prior record on sentences for male and female defendants convicted of violent and nonviolent crimes. We found that prior incarceration had a strong and consistent impact on sentence severity, but that prior arrest and prior conviction had much weaker effects. We also found that the effect of prior record on judge's decisions to sentence and incarcerate varied by gender and that the choice of a measure influenced conclusions concerning the existence and extent of gender discrimination in sentencing.

Female offenders: criminal behavior and gender-role identity.

Relationship between gender-role identity and criminal activities for 141 incarcerated adult female offenders was examined. Inmates were classified into three gender-role groups: masculine, feminine, and androgynous. Those with either masculine or feminine gender-role identities were more apt to be serving time for violent offenses such as murder than were the androgynous women. Relatively few feminine offenders serving time for murder had previously been convicted of a felony while the majority of the masculine offenders had. Differences were found in the number of prior felony convictions for the gender-role groups.

The Place for Prior Conviction Evidence in Civil Actions

The Place for Prior Conviction Evidence in Civil Actions

Richard Roose and the use of Parliamentary Attainder in the Reign of Henry VIII

In the past decade scholars such as Stanford Lehmberg. G. R. Elton, and J. G. Bellamy have increased our understanding of the use of parliamentary attainder in the reign of Henry VIII. Traditionally attainder had been used to punish fugitives in flight, a form of parliamentary outlawry, or to affirm and supplement prior convictions achieved through the common law or the law of arms in order to extend the crown's rights to forfeited estates. At common law a traitor's forfeiture was limited to lands in fee simple, and by the law of arms his lands were totally immune to forfeiture. Passage of an act of attainder, however, enabled the king to seize any or all of a traitor's land, whether held in fee simple, fee tail, or to the use of the traitor. In the crucial decade of the 1530s attainder assumed a new role, condemning and ordering the execution of offenders solely by authority of parliament, without any prior judicial proceedings and despite an absence of obstacles which might have made a trial impossible. Lehmberg emphasizes the significance of this transformation in his detailed study of attainder in the reign of Henry VIII and suggests that the ‘pivotal act’ was the attainder of Elizabeth Barton and her followers in 1534. Certainly Barton's attainder was the first of many utilized by Henry's government to enforce the Reformation, and it did so without recourse to the common law. Lehmberg is mistaken, however, in his belief that this was the first attainder of the reign to attaint an individual without prior common law proceedings, for that distinction belongs to the attainder of Richard Roose in 1531.

Correlates of prisoner misconduct

Using a nationwide sample of 5586 state-prison inmates, relationships between the frequency of officially reported institutional misconduct (as reported by the inmates) and certain preinstitutional and institution-related inmate traits were examined. Findings indicate that rule-breaking behavior is associated with being young, black, and male, having a relatively high number of prior convictions, having been unemployed prior to incarceration, and having been imprisoned for a relatively long period of time. Furthermore, such misconduct shows no relationship to domestic status, educational achievement, alcohol and drug problems, military service, income level, current offense, interaction with family and friends outside of prison, hours spent outside of cell, and daily activity. Policy implications are addressed. Misconduct is considered within the broad context of interaction among inmate traits, prison-level characteristics, and extrainstitutional factors.