84 research outputs found

    Structuring Sentencing Discretion: The New Federal Sentencing Guidelines

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    Social Control in Applied Social Science: A Study of Evaluative Researchers\u27 Conformity to Technical Norms

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    This paper is a preliminary exploration of the relationship between social factors, and conformity to a set of prescribed methodological norms in applied social science. Focusing our attention on evaluative research, we seek to estimate how variation in type and nature of research sponsorship, research context, and researcher relationship with sponsor and host affect reported conformity to methodological prescriptions. Analyzing the self-reported responses of 152 evaluative researchers to a mail questionnaire, we find: (a) that conformity to methodological prescriptions is very variable among evaluative researchers: (b) that the social factors here examined seem to affect systematically the degree of conformity; (c) that while no single social factor has a large net effect on conformity, simultaneously occurring values seem more conducive to conformity, i.e., characteristics associated with our “academic model” are correlated with reported higher conformity, whereas characteristics associated with our “entrepreneurial model” are correlated with reported lower conformity. Our findings suggest that, while traditional social control mechanisms increase the likelihood of adherence to methodological prescriptions for those whose work fits or resembles the “academic model,” when the model of work moves toward the “entrepreneurial” type, reported conformity decreases with the absence of those traditional mechanisms of social control. Insofar as the “entrepreneurial model” is increasingly becoming the predominant work model in applied social science, our findings suggest that future research should seek to explain variation in conformity among the “entrepreneurs” and to explore the variety of means by which to increase conformity within this model

    The Legal/Extra-Legal Controversy: Judicial Decisions in Pretrial Release

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    This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, too, is decision context specific. Among the extra-legal factors that affect pretrial release decisions, the effects of status characteristics of the defendant pale in comparison to the effects of bench bias and measures of the defendant\u27s dangerousness

    Social Control in Applied Social Science: A Study of Evaluative Researchers\u27 Conformity to Technical Norms

    Get PDF
    This paper is a preliminary exploration of the relationship between social factors, and conformity to a set of prescribed methodological norms in applied social science. Focusing our attention on evaluative research, we seek to estimate how variation in type and nature of research sponsorship, research context, and researcher relationship with sponsor and host affect reported conformity to methodological prescriptions. Analyzing the self-reported responses of 152 evaluative researchers to a mail questionnaire, we find: (a) that conformity to methodological prescriptions is very variable among evaluative researchers: (b) that the social factors here examined seem to affect systematically the degree of conformity; (c) that while no single social factor has a large net effect on conformity, simultaneously occurring values seem more conducive to conformity, i.e., characteristics associated with our “academic model” are correlated with reported higher conformity, whereas characteristics associated with our “entrepreneurial model” are correlated with reported lower conformity. Our findings suggest that, while traditional social control mechanisms increase the likelihood of adherence to methodological prescriptions for those whose work fits or resembles the “academic model,” when the model of work moves toward the “entrepreneurial” type, reported conformity decreases with the absence of those traditional mechanisms of social control. Insofar as the “entrepreneurial model” is increasingly becoming the predominant work model in applied social science, our findings suggest that future research should seek to explain variation in conformity among the “entrepreneurs” and to explore the variety of means by which to increase conformity within this model

    Gender and Crime: Offense Patterns and Criminal Court Sanctions

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    The relation between gender and criminality is strong, and is likely to remain so. Women have traditionally been much less likely than men to commit violent crimes, and that pattern persists today. Rates of female involvement in some forms of property crime-notably petty theft and fraud-appear to be increasing. However, while the relative increase in women\u27s property crime involvement is significant, female participation even in these crimes remains far less than that of men. The relation of gender to case processing decisions in the criminal justice system varies from stage to stage. Although the pertinent literature is plagued by methodological and interpretive problems, several tentative conclusions can be offered. Women are more likely than men, other things equal, to be released on recognizance; however, when bail is set, the amount of bail does not appear to be affected by the defendant\u27s gender. There is no clear evidence that the defendant\u27s gender systematically affects prosecution, plea negotiation, or conviction decisions. In sentencing, however, women appear to receive systematic leniency except when they are convicted of high-severity offenses
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