This paper reappraises the value of situational and attitudinal variables as parts of a theory of police behavior. That situational factors affect officers' decisions to make arrests is well supported by empirical evidence; that officers' behavior is shaped by their attitudes and values is a common assumption even though it is supported only by weak empirical evidence. This analysis indicates that the theoretical utility of situational variables is limited for the most part to the arrest decision: Situational factors have modest effects on officers' choices among informal actions. Furthermore, the analysis shows that attitudinal variables fail to account for more than a very small part of the variation in behavior. A theoretical perspective on police behavior as administrative decisionmaking is consistent with these findings, and might redirect future research along more fruitful lines.

This study considers the circumstances under which members of the Muslim American community voluntarily cooperate with police efforts to combat terrorism. Cooperation is defined to include both a general receptivity toward helping the police in antiterror work and the specific willingness to alert police to terror-related risks in a community. We compare two perspectives on why people cooperate with law enforcement, both developed with reference to general policing, in the context of antiterror policing and specifically among members of the Muslim American community. The first is instrumental. It suggests that people cooperate because they see tangible benefits that outweigh any costs. The second perspective is normative. It posits that people respond to their belief that police are a legitimate authority. On this view we link legitimacy to the fairness and procedural justice of police behavior. Data from a study involving interviews with Muslim Americans in New York City between March and June 2009 strongly support the normative model by finding that the procedural justice of police activities is the primary factor shaping legitimacy and cooperation with the police.

This study adds to the limited body of empirical evidence on the effect that legitimacy and deterrence have on compliance behavior. The theoretical models of compliance behavior tested include the basic deterrence model, which focuses on the certainty and severity of sanctions as key determinants of compliance, and models which integrate economic theory with theories from social psychology to account for legitimacy, deterrence, and other motivations expected to influence individuals' decisions whether to comply. Probit and Tobit econometric estimators are used to examine the compliance behavior of 318 Peninsular Malaysian fishermen who face a regulation banning them from fishing in a zone along the coast. The results of the empirical analysis provide additional evidence on the relationship of deterrence and legitimacy to compliance. The findings are also used to draw implications for compliance policy for regulated fisheries.

Using a combination of hypothetical scenarios and survey-type questions, this study investigates the effect of the context of the offense, formal sanctions, informal sanctions, and moral beliefs on self-reported projections to commit sexual assault. Male college students read and responded to five scenarios each describing a hypothetical sexual assault by a male. Respondents were asked to estimate the certainty of formal and informal punishment for the scenario male, the extent to which they believed the male's actions were morally wrong, and the likelihood that they would do what the male did under the same circumstances. We found that projections to commit sexual assault were affected by two circumstances of the incident, the likelihood that the male would be formally sanctioned (dismissed from the university or arrested) and the respondent's moral beliefs. The significant deterrent effect observed for formal sanction threats was not invariant, however. The fear of formal sanctions had no effect when respondents were inhibited by their moral evaluation of the incident. The deterrent effect of formal sanction threats did not vary by the level of social censure for the scenario male's actions. The implications of these finding for previous and subsequent deterrence research are discussed.

The purpose of this study is to explore the role of perceived injustice in generating dissatisfaction with legal authorities. Using data collected in interviews with a sample of defendants in traffic and misdemeanor court, I compare the influence of case outcomes upon attitudes toward judges and courts to that of distributive and procedural justice. The results suggest that among the defendants studied the major determinant of satisfaction with legal authorities is perceived fairness. Once the influence of perceived fairness is considered, case outcomes explain no additional variation in attitudes toward courts and judges. In the conclusion, possible implications of this finding are discussed.

This article develops a macrolevel framework on inequality and juvenile court processing by integrating ideas drawn from conflict theory, research on urban poverty, and recent race-specific trends in drug enforcement. Using 1985 data for more than 200 U.S. counties, we examine how structural context—especially racial inequality and the concentration of “underclass” poverty—influence the formal petitioning, predisposition detention, and out-of-home placement of juveniles. The data are generally consistent with the hypothesis that underclass blacks are viewed as a threatening group to middle-class populations and are thus subjected to increased control by the juvenile justice system. We discuss the implications of our results for a better understanding of the relationship between larger societal forces of increasing poverty and racial inequality and local systems of formal social control.

A recurring theme in the growing dialogue between sociology and law has been the great need for a joint effort of the two disciplines to illuminate urgent social and legal issues. Having uttered fervent public pronouncements in this vein, however, the respective practitioners often go their separate ways. Academic spokesmen for the legal profession are somewhat critical of sociologists of law because of what they perceive as the sociologist's preoccupation with the application of theory and methodology to the examination of legal phenomena, without regard to the solution of legal problems. Further, it is felt that “. . . contemporary writing in the sociology of law . . . betrays the existence of painfully unsophisticated notions about the day-to-day operations of courts, legislatures and law offices.” Regardless of the merit of such criticism, scant attention—apart from explorations of the legal profession itself— has been given to the sociological examination of legal institutions, or their supporting ideological assumptions. Thus, for example, very little sociological effort is expended to ascertain the validity and viability of important court decisions, which may rest on wholly erroneous assumptions about the contextual realities of social structure. A particular decision may rest upon a legally impeccable rationale; at the same time it may be rendered nugatory or self-defeating by contingencies imposed by aspects of social reality of which the lawmakers are themselves unaware.

To understand the varying impact of law, we must compare the effects of legal institutions with the effects of rival institutions and the impact one law with the impact of another. We must also ask how the setting in which institutions compete and laws are implemented—very often an organization—shapes outcomes. Using the competition between legal, medical, and familial institutions in infant intensive care units as an example, this article elaborates a theory of institutional competition and therefore of the influence of law in organizations. I show that institutions, including legal institutions, gain influence by working through internal organizational processes. Thus, the impact of law on medical decisionmaking varies with whether legal actors have learned how to be present when decisions are to be made, make legal issues into organizational problems, introduce choice points that require action, and alter the possibility space of eligible solutions. Using variations among the major categories of laws that govern the practice of infant intensive care, the article also shows how organizational and institutional theories help explain why some laws have more impact than others.

We analyze a little-studied regulatory approach that we call management-based regulation. Management-based regulation directs regulated organizations to engage in a planning process that aims toward the achievement of public goals, offering firms flexibility in how they achieve public goals. In this article, we develop a framework for assessing conditions for using management-based regulation as opposed to the more traditional technology-based or performance-based regulation. Drawing on case studies of management-based regulation in the areas of food safety, industrial safety, and environmental protection, we show how management-based regulation can be an effective strategy when regulated entities are heterogeneous and regulatory outputs are relatively difficult to monitor. In addition to analyzing conditions for the use of management-based regulation, we assess the range of choices regulators confront in designing management-based regulations. We conclude that management-based regulation requires a far more complex intertwining of the public and private sectors than is typical of other forms of regulation, owing to regulators’ need to intervene at multiple stages of the production process as well as to the degree of ambiguity over what constitutes “good management.”

The use of indicators is a prominent feature of contemporary global governance. Indicators are used to compare and rank states for purposes as varied as deciding how to allocate foreign aid or investment and determining whether states have complied with their treaty obligations. This article defines the concept of an indicator, analyzes distinctive features of indicators as technologies of governance, and identifies various ways in which the use of indicators has the potential to alter the topology and dynamics of global governance. Particular attention is paid to how indicators can affect processes of standard setting, decisionmaking, and contestation in global governance. The World Bank Doing Business indicators and the United Nations Human Development Index are analyzed as case studies.

The legal consciousness of ordinary citizens concerning offensive public speech is a phenomenon whose legal status has been vigorously debated, but which has received little empirical analysis. Drawing on observations in public spaces in three northern California communities and in-depth interviews with 100 subjects recruited from these public locations, I analyze variation across race and gender groups in experiences with offensive public speech and attitudes about how such speech should be dealt with by law. Among these respondents, white women and people of color are far more likely than white men to report being the targets of offensive public speech. However, white women and people of color are not significantly more likely than white men to favor its legal regulation. Respondents generally oppose the legal regulation of offensive public speech, but they employ different discourses to explain why. Subjects' own words suggest four relatively distinct paradigms that emphasize the First Amendment, autonomy, impracticality, and distrust of authority. Members of different racial and gender groups tend to use different discourses. These differences suggest that the legal consciousness of ordinary citizens is not a unitary phenomenon, but must be situated in relation to particular types of laws, particular social hierarchies, and the experiences of different groups with the law.

One of the most controversial issues in policing concerns allegations of racial bias. This article examines citizens' perceptions of racialized policing in three neighborhoods in Washington, D.C., that vary by racial composition and class position: a middle-class white community, a middle-class black community, and a lower-class black community. In-depth interviews examined residents' perceptions of differential police treatment of individual blacks and whites in Washington and disparate police practices in black and white neighborhoods. Findings indicate, first, that there is substantial agreement across the communities in the belief that police treat blacks and whites differerently; and secondly, there is racial variation in respondents' explanations for racial disparities. On the question of residents' assessments of police relations with their own community relative to other-race communities, a neighborhood difference is found, with the black middle-class neighborhood standing apart from the other two neighborhoods.

Variation in sentencing outcomes represents the actions of a number of members of the criminal justice system. To isolate the part of the variation that is due to the discretion of the judge (or other sentencing agent, such as a prosecutor), one can model the sentencing guidelines themselves. Such a model captures any non-linearity in the sentencing grid. In practice, modeling the guidelines rather than legal factor scores (as is common in the literature) means that more of the variation that race and legal factors share in common will be attributed to the racial status of the offender. Using data from Maryland, we find that African Americans have 20% longer sentences than whites, on average, holding constant age, gender, and recommended sentence length from the guidelines. We find more judicial discretion and greater racial disparity than is generally found in the literature. Moreover, when we begin to try to explain this discretion, we find that judges tended to give longer sentences (relative to those recommended by the guidelines) to people in the part of the guidelines grid with longer recommended sentences (who are disproportionately African American) than they gave to people in the part of the grid with lower recommended sentences.

This article addresses two basic questions. First, it examines whether incarceration has a lasting impact on health functioning. Second, because blacks are more likely than whites to be exposed to the negative effects of the penal system—including fractured social bonds, reduced labor market prospects, and high levels of infectious disease—it considers whether the penal system contributes to racial health disparities. Using the National Longitudinal Survey of Youth and both regression and propensity matching estimators, the article empirically demonstrates a significant relationship between incarceration and later health status. More specifically, incarceration exerts lasting effects on midlife health functioning. In addition, this analysis finds that, due primarily to disproportionate rates of incarceration, the penal system plays a role in perpetuating racial differences in midlife physical health functioning.

This article critically examines the development of legal consciousness among legal aid plaintiffs in Shanghai. It is based on 16 months of research at a large legal aid center and in-depth interviews with 50 plaintiffs. Chinese legal aid plaintiffs come to the legal process with high expectations about the possibility of protecting their rights; however, they also have only a vague and imprecise knowledge of legal procedure and their actual codified rights. Through this process of legal mobilization, plaintiffs' legal consciousness changes in two separate dimensions: changes in one's feelings of efficacy and competency vis-à-vis the law, and changes in one's perception/evaluation of the legal system. Put another way, the first dimension is “How well can I work the law?” and the second is “How well does the law work?” In this study I observe positive changes in feelings of individual efficacy and competency that are combined with more negative evaluations/perceptions of the legal system in terms of its fairness and effectiveness. The positive feelings of efficacy and voice provided by the legal process encourage labor dispute plaintiffs in the post-dispute period to plan new lawsuits and to help friends and relatives with their legal problems. Disenchantment with the promises of the legal system does not lead to despondency, but to more critical, informed action. This study provides new evidence on the nature of China's developing legal system with a focus on the social response to the state-led “rule of law” project.

In this study the instrumental and symbolic perspectives on public support for the death penalty were directly compared within the context of a single survey of citizen attitudes. The results suggest that both instrumental and symbolic concerns influenced death penalty support. When the relative influence of the two factors was directly assessed, the symbolic perspective was found to exercise the major influence upon support for capital punishment, while the influence of instrumental crime-related concerns was small. These results suggest that death penalty support is one aspect of general political-social ideology, rather than a response to crime-related concerns or experiences.

In this paper the author analyzes the exercise of prosecutorial discretion to “go forward” with charges. The author examines the relationship between sources of uncertainty in decision making and the initial decision to begin the criminalization process. Organizational theory bearing on uncertainty avoidance provides the perspective guiding the analysis. The author uses a maximum likelihood procedure to estimate the net effects on the probability of prosecution of a set of variables measuring uncertainty emerging within the backdrop of prosecutorial concern for obtaining a conviction at a jury trial.

Recent research on the determinants of litigant satisfaction has consistently found that abstract evaluations of the justness of case outcomes and of the fairness of the case disposition process contribute significantly to outcome satisfaction, independent of the favorability of the outcome itself. Most such findings have been produced either in laboratory settings using college student subjects or in survey research involving litigation in which the stakes are relatively small. As a consequence, skepticism has been expressed about whether procedural and distributive justice make a difference in serious civil or criminal cases. Reanalyzing data gathered in a previous panel study of defendants charged with felonies in three cities, we argue that the evidence suggests important effects for procedural and distributive fairness, even among a sample of litigants who share few attributes with college student populations and who are involved in litigation in which the stakes are high. The implications of these findings for case disposition processes such as plea bargaining and alternative dispute resolution techniques are discussed.

Perceptual deterrence researchers have used simple cross-sectional correlations between prior behavior and current perceptions to study the effect of legal threats on social control. Such designs are inadequate because they: (1) confuse the causal ordering of perceptions and behavior, and (2) fail to take into account other inhibitory factors in an explicit causal model. In an analysis of panel data, the methodological simplicity of earlier studies is shown to have led researchers to reach erroneous conclusions. Our data suggest that past studies report an experiential effect, not a deterrent effect, and that the effect of perceived sanctions on criminal involvement is minimal once social definitional factors (moral commitment, informal sanctions) are controlled.

Rates of homicide involving intimate partners have declined substantially over the past 25 years in the United States, while public awareness of and policy responses to domestic violence have grown. To what extent has the social response to domestic violence contributed to the decline in intimate-partner homicide? We evaluate the relationship between intimate-partner homicide and domestic violence prevention resources in 48 large cities between 1976 and 1996. Controlling for other influences, several types of prevention resources are linked to lower levels of intimate-partner homicide, which we interpret in terms of their capacity to effectively reduce victims' exposure to abusive or violent partners. Other resources, however, are related to higher levels of homicide, suggesting a retaliation effect when interventions stimulate increased aggression without adequately reducing exposure. In light of other research on deficiencies in accessing and implementing prevention resources, our results suggest that too little exposure reduction in severely violent relationships may be worse than none at all.