Cassia Spohn - Academia.edu (original) (raw)

Papers by Cassia Spohn

Criminal Justice Policy Review, 2004

The primary objective of the federal sentencing guidelines is to reduce judicial discretion and u... more The primary objective of the federal sentencing guidelines is to reduce judicial discretion and unwarranted disparity by prescribing like sentences for like defendants convicted of the same offense. The guidelines are based on real-offense sentencing, which links relevant conduct or actual offense behavior to the sentencing process. This study analyzes the indictment stage where the charging decisions by the federal prosecutor in conjunction with relevant conduct are first conceived. Our major finding is that the number of counts within the indictment has a statistically significant effect on the length of sentence, the magnitude of the discount for downward departures, and the ratio of the difference between the presumptive sentence and the sentence discount. The number of counts has no effect on the offender’s likelihood of receiving either a downward departure or a substantial assistance departure. This suggests that offenders convicted of the same crime do not necessarily receiv...

I / involving a victim), and the case. It includes a nuhber of variables measuring the seriousnes... more I / involving a victim), and the case. It includes a nuhber of variables measuring the seriousness of the offeses, as well as a number of measures of the strength of evidence in the case. It 0 4 also includes information on a series of charging, convicting, and sentencing outcomes. These data will be used to examine the effect of race on case processing decisions and to test the hypothesis that racial discrimination is confined to less serious or weaker t , cases. I PREVIOUS RESEARCH Research investigating the relationship, b,etween the defendant s race and sentence severity has not consistently supported the conflict perspective's contention that blacks will be sentenced more harshly than whites. Although a number of studies have uncovered such a link (Petersilia 1983; Spohn, Gruhl and Welch 1981-82; Zatz 1 9 8 4) , others have found either that there are no significant racial differences (Klein, Petersilia and Turner 1 9 9 0) or that blacks are sentenced more leniently than whites (Bernstein, Kelly and Doyle 1977; Gibson 1978; Levin 1 9 7 2). The failure of research to produce uniform findings of racial discrimination in sentencing has led to conflicting conclusions. Some researchers (Hagan 1 9 7 4 ; Kleck 1981; Pruitt and Wilson 1 9 8 3) assert that racial discrimination in sentencing has declined over time and contend that the predictive power of race, once relevant legal factors are taken into account, is quite low. Others

Social scientists have conducted dozens of studies designed to untangle the relationship between ... more Social scientists have conducted dozens of studies designed to untangle the relationship between race and sentence severity. 1 In fact, this issue "may well have been the major research inquiry for studies of sentencing in the 1970s and early 1980s." 2 Many of these early studies focused on the direct effect of race on sentencing, asking whether black, and occasionally Hispanic, offenders were sentenced more harshly than white offenders. Recent research, however, has taken a more theoretically and methodologically sophisticated approach. 3

Rape Law Reform, 1992

Many rape reform advocates predicted that statutory changes in rape laws would affect the process... more Many rape reform advocates predicted that statutory changes in rape laws would affect the processing and disposition of rape cases. As discussed earlier, several aspects of the reforms led to predictions of instrumental change. Reformers anticipated that redefining the crime of rape and providing a range of charges would lead prosecutors to file charges in cases that might not have fit under traditional definitions. They also believed that definitional changes would increase convictions because the availability of appropriate lesser charges would facilitate plea bargaining and would discourage jury nullification by juries who were reluctant to convict for forcible rape.

Criminology, 1991

Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant... more Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant's prior sexual conduct, have engendered considerable controversy. This paper examines the responses of judges, prosecutors, and defense attorneys in six major urban jurisdictions to a set of hypothetical cases in which evidence of the victim's past sexual conduct is at issue. The different kinds of sexual history evidence evoke different responses from officials, and the specijic provisions of the six rape shield statutes also affect officials'judgments. * This paper is based on work supported by the National Institute of Justice (grant no. SES-8508323) and by the National Science Foundation (grant no. 85-IJ-CUM48). Points of view are those of the authors and do not necessarily represent the position of the U.S.

Criminology, 1996

In this study we test two hypotheses concerning the processing of simple and aggravated rape case... more In this study we test two hypotheses concerning the processing of simple and aggravated rape cases. First, we test the hypothesis that aggravated rape cases are taken more seriously than simple rape cases by decision makers in the criminal justice system and, thus, aggravated cases will result in more serious outcomes. Second, we test the hypothesis that the influence of factors relating to the blame and believability of a victim on case processing is greater in simple than in aggravated rape cases. Our results indicate that the characteristics and outcomes of aggravated and simple rape cases are surprisingly similar, and that there is little evidence of an interaction between type of case and victim characteristics. The legal processing of sexual assault cases has been the focus of considerable research in recent years. Most of this research has explored the claims of feminist or conflict theorists who have asserted that outcomes of rape cases reflect decision makers' biases about acceptable and unacceptable behavior by women or their stereotypes about genuine rape victims. The empirical studies have thus concentrated on the role of victim characteristics in influencing case outcomes. Researchers have shown that the processing of sexual assault cases is influenced by victim behavior that can be characterized as risk-taking behavior-such as hitchhiking or drinking (

Criminal Justice Policy Review, 2005

Although the criminal justice system has undergone reform to eliminate sexual assault case attrit... more Although the criminal justice system has undergone reform to eliminate sexual assault case attrition and to improve the overall treatment of sexual assault victims, few studies have examined the effect of these reforms. In this study, the authors examine prosecutorial charging decisions across two unique jurisdictions: Kansas City, Missouri, which utilizes a specialized unit for sexual assault cases, and Miami, Florida, which does not use a specialized unit to determine the effect of prosecutorial specialization on case outcomes. The findings of the study reveal that, despite differences in departmental policies and rates of plea bargaining and trials, prosecutors’ charging decisions and the predictors of charging are similar in the two jurisdictions. The authors conclude that, regardless of whether decisions are made in a specialized unit or not, victim credibility is a real “focal concern” of the prosecutor in sexual assault cases.

Criminal Justice and Behavior, 2012

Although sentencing of drug offenders in federal courts is complicated by minimum penalties, whic... more Although sentencing of drug offenders in federal courts is complicated by minimum penalties, which trump the guidelines, the mandatory penalties can be avoided if offenders receive substantial assistance departures. Nagel and Schulhofer contend that substantial assistance departures are used to mitigate the sentences of “sympathetic” and “salvageable” offenders. The authors tested this contention, using data on drug offenders facing mandatory minimum sentences in three U.S. district courts. Results reveal that substantial assistance departures are used to reduce the sentences of certain types of offenders facing mandatory minimum penalties: females, U.S. citizens, employed persons, those with some college, those with dependent children, and those who played a minor or minimal role in the offense. Findings also revealed that racial-ethnic differences among male offenders were masked by the racial-ethnic similarities among female offenders in the full model and that the effect of gend...

Crime & Delinquency, 2004

The objective of this study was to examine the influence of type of counsel across race on juveni... more The objective of this study was to examine the influence of type of counsel across race on juvenile court outcomes. Using data from a sample of juvenile court referrals from two midwestern juvenile courts, this study examined the interaction of race and type of counsel on disposition outcome. The results indicated that youth without an attorney were the most likely to have the charges dismissed, and this effect was more pronounced for non-White youth. In addition, non-White youth represented by a private attorney were significantly more likely than similar White youth to receive a secure confinement disposition.

Crime & Delinquency, 2008

This study examines the complex relationships among stereotypes about crime, the offender’s race/... more This study examines the complex relationships among stereotypes about crime, the offender’s race/ethnicity, and sentencing decisions. Using data on White, Black, and Hispanic male drug offenders sentenced in three U.S. district courts and a definition of the dangerous drug offender appropriate to the federal sentence system, the authors explore the degree to which stereotypes about dangerous drug offenders influence sentence length. The results reveal that fitting the stereotype of a dangerous federal drug offender (i.e., a male drug trafficker with a prior trafficking conviction who used a weapon to commit the current offense) affected the length of the prison sentence for Black offenders but not for White or Hispanic offenders. Further analysis revealed that this effect was confined to Black offenders convicted of drug offenses involving crack cocaine. The results provide further evidence that the focal concerns guiding judicial decision making may vary depending on the offender’s...

With homicide your victim isn't going to be interviewed; their trauma is over. In most property c... more With homicide your victim isn't going to be interviewed; their trauma is over. In most property crimes sure there is trauma, your car was stolen. But nothing can compare to sexual assault. We don't get enough training in trauma, in dealing with the trauma of victims, and the when and how of interviewing them. It's a very unique crime that victims don't get over, and they definitely won't get over it as long as the perp is rolling around.-Detective, Los Angeles County Sheriff's Department. 1 I worked patrol for a long time and I was one of "those" officers. The key is not to get jaded and to realize that weird stuff does happen with regards to sex crimes. Patrol officers are our first line of contact for victims and once they [victims] have a bitter taste in their mouths it's difficult. Guys [police officers] are nervous to handle it because they don't know how to talk about it and are too embarrassed to say penis, etc. I'm not saying that women rule, because there are guys out there that are fabulous. But, fortunately or unfortunately, patrol has first contact [with victims].

Based on this interview data, the two groups were remarkably similar on measures of race, age, pr... more Based on this interview data, the two groups were remarkably similar on measures of race, age, prior criminal history, prior drug use and family relationships. • Recidivism was assessed using two measures: whether the offender was arrested during the 6 months following release, and the mean number of arrests during the six-month follow-up period. • 26% of the control group, but only 21% of the reentry participants were rearrested during the 6 month follow-up period. • The mean number of new arrests for reentry participants was .26 compared to .58 for control participants.

and one year as a social worker in a juvenile group home. He is currently studying prisoner reent... more and one year as a social worker in a juvenile group home. He is currently studying prisoner reentry in southwestern Missouri and examining the work environments of noncustody prison staff in the Federal Bureau of Prisons.

Policies, processes, and decisions of the criminal …, 2000

As we approach the 21st century, the issue of racial discrimination in sentencing continues to ev... more As we approach the 21st century, the issue of racial discrimination in sentencing continues to evoke controversy and spark debate. Some researchers contend that crimes by racial minorities are punished more harshly than similar crimes by equally culpable whites; others argue ...

The Journal of Criminal Law and Criminology (1973-), 1996

Her research interests include the effect of race and gender on court processing decisions, victi... more Her research interests include the effect of race and gender on court processing decisions, victim characteristics and case outcomes in sexual assault cases, and the impact of rape law reform. She is currently the principal investigator for multi-jurisdiction study of the effect of race on sentencing. Julie Homey is Professor of Criminal Justice at the University of Nebraska at Omaha. In addition to case processing decisions, her current research interests include individual pattems of offending, the situational correlates of violence, and the sensitivity of individual offenders to social controls.

American Journal of Political Science, 1981

Page 1. Women as Policymakers: The Case of Trial Judges* John Gruhl, University of Nebraska-Linco... more Page 1. Women as Policymakers: The Case of Trial Judges* John Gruhl, University of Nebraska-Lincoln Cassia Spohn, University of Nebraska-Omaha Susan Welch, University of Nebraska-Lincoln ... Page 3. 310 John Gruhl, Cassia Spohn, Susan Welch ...

Sociology of Crime, Law, and Deviance, 2000

... Book Chapter Information: Title: WHEN DOES RACE MATTER?: AN ANALYSIS OF THE CONDITIONS UNDER ... more ... Book Chapter Information: Title: WHEN DOES RACE MATTER?: AN ANALYSIS OF THE CONDITIONS UNDER WHICH RACE AFFECTS SENTENCE SEVERITY. Author(s): MiriamDeLone. Book Series: Sociology of Crime Law and Deviance. Year: 2000. Volume: 2. Page: 3 - ...