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The Political Sociology of Juvenile Punishment: Treating Juvenile Offenders As Adults

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The Political Sociology of Juvenile Punishment: Treating Juvenile Offenders As Adults THE POLITICAL SOCIOLOGY OF JUVENILE PUNISHMENT: TREATING JUVENILE OFFENDERS AS ADULTS DISSERTATION Presented in Partial Fulfillment of the Requirements for The Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Jason T. Carmichael, M.A. ***** The Ohio State University 2006 Dissertation Committee Approved by Professor David Jacobs, Adviser Professor J. Craig Jenkins Professor Zhenchao Qian __________________________________ Adviser Graduate Program in Sociology ABSTRACT Numerous studies have investigated the determinants of formal social control employed by the state to control its citizens. Only a small number have used explanations derive from conflict theory and political sociology. I follow this research tradition by hypothesizing that the threat produced by racial and ethnic minorities leads to increases in the demand for formal control mechanisms including more punitive responses to juvenile crime through adult sanctioning. I also consider broader political arguments that link the variation in punitive outcomes to differences in political arraignments across jurisdictions. While the punishment of juvenile offenders has increasingly become an issue of major concern to the public, there are few studies that test the governments coercive response to this particular type of offending. This dissertation addresses this issue by examining the treatment of juvenile offenders in the adult criminal system. First, I use pooled time- series negative binomial regression to analyze raw counts of juveniles admitted to adult prisons. Second, I use multivariate regression to predict the length of sentence that violent juvenile offenders receive in adult criminal courts. Finally, I use zero-inflated negative binomial regression to analyze the probability that states used the death penalty against juvenile when this practice was still constitutional. Results consistently show that states with larger minority populations admit more juvenile offenders to prisons and had a greater probability of using the juvenile death penalty. The findings also show that differences in the ideological climate of each state are a strong predictor of the variation in adult sanctions for juvenile offenders. Specifically, the strength of the Republican Party in each state and the presence of a conservative public are both strong predictors of all three of the outcomes at issue here. Additional evidence shows that states where judges must run in an election to gain their seats proscribe more severe sanctions on juvenile offenders. Theoretical implications for these findings are discussed. ii Dedicated to my children, Jonah and Hanna iii ACKNOWLEDGMENTS While the arduous task of writing this dissertation was mine alone, it would not have been possible without the guidance and support of many people. First and foremost, I would like to thank my advisor, David Jacobs for his guidance and friendship during my graduate career. I would also like to thank J. Craig Jenkins and Zhenchao Qian for all their help, not only with this dissertation, but throughout my years at Ohio State. Additionally, I would like to acknowledge the entire faculty at Ohio State for helping me grow into the scholar that I am. This dissertation would also not be possible without the encouragement of family and friends. Above all, I would like to thank my mother for her undying love and support throughout the many years I have been in graduate school and for instilling in me the belief that I could accomplish anything I put my mind to. I would also like to thank my children for giving me the inspiration to live-up to my dreams despite the sacrifices that came with them. While many friends have provided me with encouragement throughout these years, I would like to specifically thank two very important people. I would not have made it through this process without the support of my true friends Stephanie Kent and Jong Kun Choi. iv VITA 2001…………………………………… M.A. Sociology, The Ohio State University 1998-presented………………………….Graduate Teaching and Research Associate The Ohio State University PUBLICATIONS Refereed : 1. Jacobs, David and Jason T. Carmichael, and Stephanie L. Kent. 2005 “Vigilantism, Current Racial Threat, and Death Sentences.” American Sociological Review 70: 656-677. 2. Carmichael, Jason T. 2005 “The Determinants of Jail Admission Rates Across Large U.S. Cities: An Analysis of Racial and Ethnic Threat Theory.” Social Science Research 34: 538-569. 3. Jacobs, David and Jason T. Carmichael. 2004 "Ideology, Social Threat, and Death Sentences: Capital Sentencing Across Time and Space." Social Forces . 83: 249-278. 4. Jacobs, David and Jason T. Carmichael. 2002 “Subordination and Violence Against State Control Agents: Testing Political Explanations for Lethal Assaults Against the Police.” Social Forces 80: 1223-1251. 5. Jacobs, David and Jason T. Carmichael. 2002 “The Political Sociology of the Death Penalty: A Pooled Time-Series Analysis.” American Sociological Review 67: 109-131. [Honorable mention ASA Political Sociology Section Distinguished Article Award in 2003]. 6. Jacobs, David and Jason T. Carmichael. 2001 "The Politics of Punishment Across Time and Space: A Pooled Time- Series Analysis of Imprisonment Rates." Social Forces 80: 61-89 (to be reprinted in Crime and Criminal Justice ed. William T. Lyons Jr. Aldershot UK: Ashgate Publishing. March 2006). v Non-refereed : 1. Carmichael, Jason T. and David Jacobs. 2001 "Violence by and against the Police." Ronald Burns and Charles Crawford, (eds.) Policing and Violence. Prentice Hall. FIELDS OF STUDY Major Fields: Sociology vi TABLE OF CONTENTS Page Abstract ………………………………………………………………………………... ii Dedication……………………………………………………………………………… iii Acknowledgments………………………………………………………………………iv Vita……………………………………………………………………………............... v List of Tables…………………………………………………………………………... ix List of Figures…………………………………………………………………….......... xi Chapters 1. Introduction……………………………………………………………….......... 1 1.1 Introduction to the Topic……………………………………….................. 1 1.2 Theoretical Background…………………………………………………… 9 1.3 Measuring the Variation in the Punishment of Juvenile Offenders: The Analysis …………………………………………………………………... 16 1.4 Summary…………………………………………………………............... 17 2. The Historical Background of the Juvenile Court……………………………... 19 2.1 The Background of the Juvenile Justice System…………………………...19 2.2 The Assault on the Juvenile Court………………………………………… 25 2.3 Are Kids Different than Adults?................................................................... 35 3. Juvenile Prison Admissions……………………………………………………. 43 3.1 Introduction…………………………………………………………........... 43 3.2 Theorizing Juvenile Prison Admissions……………………………………49 3.3 Data and Measure…………………………………………………………. 60 3.4 Estimation…………………………………………………………………. 67 3.5 Specification………………………………………………………………. 69 3.6 Descriptive Statistics………………………………………………………. 70 3.7 Negative Binomial Regression Results……………………………………. 75 3.8 Additional Considerations………………………………………………… 80 3.9 Conclusion………………………………………………………………… 83 4. Sentence Severity for Juveniles Admitted to Prisons………………………….. 86 4.1 Introduction……………………………………………………................... 86 4.2 Theorizing Prison Sentence Severity............................................................ 90 vii 4.3 Data and Measures…………………………………………………............ 99 4.4 Descriptive Statistics………………………………………………............. 104 4.5 Multivariate Statistics……………………………………………………... 107 4.6 Additional Considerations: A Closer Look at Race…………….................. 110 4.7 Conclusion………………………………………………………………… 112 5. The Political Sociology of the Juvenile Death Penalty………………………… 117 5.1 Introduction………………………………………………………………... 117 5.2 Theorizing Juvenile Death Sentences……………………………………... 126 5.3 Data and Measures………………………………………………………… 133 5.4 Descriptive Statistics………………………………………………………. 137 5.5 Multivariate Results……………………………………………………….. 140 5.6 Conclusion………………………………………………………………… 145 6. Summary/Conclusion…………………………………………………………... 149 6.1 Review of Major Findings………………………………………………… 149 6.2 Wider Implications…………………………………………………………158 6.3 Summary…………………………………………………………………... 168 List of References……………………………………………………………………… 170 viii LIST OF TABLES Table Page 1.1 Various Prohibited Activities for Juveniles……………………………………. 5 1.2 Minimum Age Juvenile Court Judges Can Waive Jurisdiction over Certain Cases and Transfer them to Adult Criminal Courts (1999)…………………………... 6 1.3 Minimum Age Juveniles are Subject to Statutory Exclusion for Certain Crimes – (1999)………………………………………………………............................... 7 3.1 Sample of States………………………………………………………………... 63 3.2 Predicted Signs, Means and Standard Deviations for Juvenile Admission Models…………………………………………………………………………. 71 3.3 Mean Number of Juveniles Admitted to Prison by Quartiles of % Black and by the Presence or Absence of Judicial Elections…………………………………. 75 3.4 Pooled Time-Series Negative Binomial Regression Estimates for the Number of Juveniles Admitted to State Prison in 26 States, 1983-2001…………............... 76 3.5 The Number of Juvenile Offenders Admitted to State Prisons, by Race and Offense, 1985-2000……………………………………................................81 4.1 Predicted Signs, means and standard deviations…………………………..........105 4.2 Mean Sentence Length for Juvenile and Adult Offenders Admitted to State Prisons by Offense, 1985, 1990 and 2000 (sentence in months)………………. 106 4.3 Regression Estimates of the Determinants of Sentence Length for Juvenile Offenders Convicted of Violent Offenses with
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