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Prior Offense Record as a Self-Fulfilling Prophecy

Published online by Cambridge University Press:  05 August 2024

Ronald A. Farrell  and
Victoria Lynn Swigert
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Abstract

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Explorations of differential justice suggest that apparent relationships between class, race, and legal treatment may be explained by the more extensive conviction histories found among lower class and minority populations. But these findings have emerged without adequate exploration of the antecedents of a defendant's criminal record. This article examines the determinants of accumulated criminal histories, viewing the conviction awarded a defendant as the first stage in the construction of a prior offense record. Path analytic techniques were applied to data drawn from a sample of persons arrested for murder in order to examine the nature of relationships among the demographic characteristics of defendants, their prior offense records, access to legal resources, and ultimate dispositions. Patterns evident from the analysis suggest that the operation of the criminal record in the legal system constitutes a continual cycle in the confirmation of criminality. Prior record, itself partly a product of discretionary treatment, becomes a salient factor in the accumulation of additional convictions not only through its direct effect but also through its influence on access to private counsel and bail, which in turn significantly affect outcome.

Type
Research Article
Information
Law & Society Review , Volume 12 , Issue 3: Special Issue on Criminal Justice , Spring 1978 , pp. 437 - 453
Copyright
Copyright © 1978 The Law and Society Association.

References

ALDER, Freda (1975) Sisters in Crime: The Rise of the New Female Criminal. New York: McGraw-Hill.Google Scholar
AKERS, Ronald L. (1964) “Socioeconomic Status and Delinquent Behavior: A Retest,” 1 Journal of Research in Crime and Delinquency 38.Google Scholar
ALSCHULER, Albert W. (1968) “The Prosecutor's Role in Plea Bargaining,” 36 University of Chicago Law Review 50.Google Scholar
ARES, Charles E., Anne, RANKIN and Herbert, STURZ (1963) “The Manhattan Bail Project: An Interim Report on the Use of Pre-Trial Parole,” 38 New York University Law Review 67.Google Scholar
BENSING, Robert C. and Oliver, SCHROEDER Jr. (1960) Homicide in an Urban Community. Springfield, Ill.: Thomas.Google Scholar
BLACK, Donald J. (1970) “Production of Crime Rates,” 35 American Sociological Review 733.Google Scholar
BLANKENBURG, Erhard (1976) “The Selectivity of Legal Sanctions: An Empirical Investigation of Shoplifting,” 11 Law & Society Review 109.Google Scholar
BLUMBERG, Abraham S. (1967) “The Practice of Law as a Confidence Game: Organizational Cooptation of a Profession,” 1(2) Law & Society Review 15.Google Scholar
BOHRNSTEDT, George W. and T. Michael, CARTER (1971) “Robustness in Regression Analysis,” in Costner, Herbert L. (ed.), Sociological Methodology. San Francisco: Jossey-Bass.Google Scholar
BULLOCK, Henry Allen (1961) “Significance of the Racial Factor in the Length of Prison Sentences,” 52 Journal of Criminal Law, Criminology and Police Science 411.Google Scholar
BURKE, Peter J. and Austin T., TURK (1975) “Factors Affecting Post-Arrest Dispositions: A Model for Analysis,” 22 Social Problems 313.Google Scholar
CALDWELL, Morris G. (1931) “The Economic Status of the Families of Delinquent Boys in Wisconsin,” 37 American Journal of Sociology 231.Google Scholar
CAMERON, Mary Owen (1964) The Booster and the Snitch: Department Store Shoplifting. New York: Free Press of Glencoe.Google Scholar
CHAMBLISS, William J. and John T., LIELL (1966) “The Legal Process in the Community Setting: A Study of Law Enforcement,” 12 Crime and Delinquency 310.Google Scholar
CHEVIGNY, Paul (1969) Police Power: Police Abuses in New York City. New York: Vintage Books.Google Scholar
CHIRICOS, Theodore G., Phillip D., JACKSON and Gordon P., WALDO (1972) “Inequality in the Imposition of a Criminal Label,” 19 Social Problems 553.Google Scholar
CLARKE, Stevens H. and Gary G., KOCH (1976) “The Influence of Income and Other Factors on Whether Criminal Defendants Go to Prison,” 11 Law & Society Review 57.Google Scholar
CLOWARD, Richard A. and Lloyd E., OHLIN (1960) Delinquency and Opportunity: A Theory of Delinquent Gangs. Glencoe Ill.: Free Press.Google Scholar
COHEN, Albert K. (1955) Delinquent Boys: The Culture of the Gang. Glencoe, Ill.: Free Press.Google Scholar
D'ESPOSITO, Julian C. Jr. (1969) “Sentencing Disparity: Causes and Cures,” 60 Journal of Criminal Law, Criminology and Police Science 182.Google Scholar
EHRMANN, Sara B. (1962) “For Whom the Chair Waits,” 26(1) Federal Probation 14.Google Scholar
EMPEY, Lamar T. and Maynard, ERICKSON (1966) “Hidden Delinquency and Social Status,” 44 Social Forces 546.Google Scholar
ENNIS, Phillip H. (1967) “Crime, Victims, and the Police,” 4(7) Trans-Action 36.Google Scholar
FARRELL, Ronald A. (1971) “Class Linkages of Legal Treatment of Homosexuals,” 9 Criminology 49.Google Scholar
FOOTE, Caleb, (1959) “The Bail System and Equal Justice,” 23(3) Federal Probation 43.Google Scholar
GLUECK, Sheldon and Eleanor T., GLUECK (1934) One Thousand Juvenile Delinquents: Their Treatment by Court and Clinic. Cambridge, Mass.: Harvard University Press.Google Scholar
GOLD, Martin (1966) “Undetected Delinquent Behavior,” 3 Journal of Research in Crime and Delinquency 27.Google Scholar
GOLDMAN, Nathan (1963) The Differential Selection of Juvenile Offenders for Court Apparance. New York: National Research and Information Center, National Council on Crime and Delinquency.Google Scholar
GREEN, Edward (1961) Judicial Attitudes in Sentencing. New York: St. Martin's Press.Google Scholar
GREEN, Edward (1964) “Inter- and Intra-Racial Crime Relative to Sentencing,” 55 Journal of Criminal Law, Criminology and Police Science 348.Google Scholar
GREENBERG, David F. (1977) “Socioeconomic Status and Criminal Sentences: Is There an Association?” 42 American Sociological Review 174.Google Scholar
HARRIS, Anthony R. (1977) “Sex and Theories of Deviance: Toward a Functional Theory of Deviant Type-Scripts,” 42 American Sociological Review 3.Google Scholar
KOBRIN, Solomon (1951) “The Conflict of Values in Delinquency Areas,” 16 American Sociological Review 653.Google Scholar
LIN, Nan (1976) Foundations of Social Research. New York: McGraw-Hill.Google Scholar
LOUISIANA LAW REVIEW (1961) “The Institution of Bail as Related to Indigent Defendants,” 21 Louisiana Law Review 627.Google Scholar
MERTON, Robert K. (1938) “Social Structure and Anomie,” 3 American Sociological Review 672.Google Scholar
MERTON, Robert K. (1957) Social Theory and Social Structure. Glencoe, Ill.: Free Press.Google Scholar
MILLER, Walter B. (1958) “Lower Class Culture as a Generating Milieu of Gang Delinquency,” 14(3) The Journal of Social Issues 5.Google Scholar
NEWMAN, Donald J. (1956) “Pleading Guilty for Considerations: A Study of Bargain Justice,” 46 Journal of Criminal Law, Criminology and Police Science 780.Google Scholar
NYE, F. Ivan, James F., SHORT Jr., and Virgil J., OLSON (1958) “Socioeconomic Status and Delinquent Behavior,” 63 American Journal of Sociology 381.Google Scholar
PORKORNY, Alex D. (1965) “A Comparison of Homicides in Two Cities,” 56 Journal of Criminal Law, Criminology and Police Science 479.Google Scholar
QUINNEY, Richard (1975) Criminology: Analysis and Critique of Crime in America. Boston: Little, Brown.Google Scholar
ROBISON, Sophia (1936) Can Delinquency be Measured? New York: Columbia University Press.Google Scholar
ROSETT, Arthur (1967) “The Negotiated Guilty Plea: An Evaluation,” 374 Annals of the American Academy of Political and Social Sciences 70.Google Scholar
SHAW, Clifford R. (1929) Delinquency Areas. Chicago: University of Chicago Press.Google Scholar
SHAW, Clifford R. and McKAY, Henry D. (1931) “Social Factors in Juvenile Delinquency,” in 13 Report on the Causes of Crimes. Washington, D.C.: National Commission on Law Observance and Enforcement.Google Scholar
SHAW, Clifford R. (1942) Juvenile Delinquency and Urban Areas. Chicago: University of Chicago Press.Google Scholar
SKOLNICK, Jerome H. (1966) Justice Without Trial: Law Enforcement in Democratic Society. New York: Wiley.Google Scholar
STINCHCOMBE, Arthur L. (1963) “Institutions of Privacy in the Determination of Police Administrative Practice,” 69 American Journal of Sociology 150.Google Scholar
SUTHERLAND, Edwin H. (1949) White Collar Crime. New York: Dryden Press.Google Scholar
SWETT, Daniel H. (1969) “Cultural Bias in the American Legal System,” 4 Law & Society Review 79.Google Scholar
SWIGERT, Victoria Lynn and Ronald A., FARRELL (1976) Murder, Inequality, and the Law. Lexington, Mass.: Lexington Books.Google Scholar
SWIGERT, Victoria Lynn (1977a) “Normal Homicides and the Law,” 42 American Sociological Review 16.Google Scholar
SWIGERT, Victoria Lynn (1977b) “The Legal Disposition of Inter- and Intra-Group Homicides.” Presented at the Annual Meeting of the Society for the Study of Social Problems, Chicago.Google Scholar
THOMAS, William I. (1923) The Unadjusted Girl. Boston: Little, Brown.Google Scholar
TIFFANY, Lawrence, Yakov, AVICHAI and Geoffrey, PETERS (1975) “A Statistical Analysis of Sentencing in Federal Courts,” 4 Journal of Legal Studies 369.Google Scholar
TREIMAN, Donald J. (ed.) (1977) Occupational Prestige in Comparative Perspective. New York: Academic Press.Google Scholar
UCLA LAW REVIEW (1966) “The Consenting Adult Homosexual and the Law: An Empirical Study of Enforcement and Administration in Los Angeles County (part III - Enforcement Techniques),” 13 UCLA Law Review 686.Google Scholar
USEEM, John, Pierre, TANGENT and Ruth, USEEM (1942) “Stratification in a Prairie Town,” 7 American Sociological Review 331.Google Scholar
VOSS, Harwin L. and John R., HEPBURN (1968) “Patterns in Criminal Homicide in Chicago,” 59 Journal of Criminal Law, Criminology and Police Science 499.Google Scholar
WARNER, W. Lloyd and Paul S., LUNT (1941) The Social Life of a Modern Community. New Haven: Yale University Press.Google Scholar
WILLICK, Daniel H., Gretchen, GEHLKER and Anita McFarland, WATTS (1975) “Social Class as a Factor Affecting Judicial Disposition: Defendants Charged with Criminal Homosexual Acts,” 13 Criminology 57.Google Scholar
WOLFGANG, Marvin E. (1958) Patterns in Criminal Homicide. Philadelphia: University of Pennsylvania Press.CrossRefGoogle Scholar