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Working with Children checks in Australia are regulated by legislation and designed to be used as pre-employment criminal history screening for child-related roles and organisations. Most Australian universities require prospective social work students to hold Working with Children clearance as a precondition to enrolment. Little is known about the reasoning for such application, and this Queensland study aims to contribute to resolving this question, by examining the frequency by which nonregulated jobs advertised online require a Working with Children check (a Blue Card in Queensland). Of the 400 job advertisements analysed, just over half of the nonregulated roles did not require a Blue Card. This suggests it is likely that there are field placements available to students without Working with Children clearance. If Blue Cards are not required to secure field placements for students, then applying a blanket requirement for Working with Children checks prior to enrolment in a social work course is unnecessary and may be discriminatory. Criminal history and associated screening methods, such as Working with Children clearances, should only be used when justified, and to utilise such screening requirements when not required may be discriminatory and unfair. This analysis of the job market suggests that requiring Working with Children checks as a precondition to studying social work is not justified on the grounds that there will be limited placement opportunities, or subsequent jobs, for ineligible students. Some form of gatekeeping to the social work profession is required to protect vulnerable service users, but unnecessarily restricting access to education for prospective students with criminal histories has implications for service users who might benefit from access to social workers with lived experience. [ABSTRACT FROM AUTHOR]

The comparative examination of different groups of sexual homicide offenders (SHOs) is currently limited. To expand our understanding of Chinese sexual homicides, this study aimed to distinguish between the modus operandi (MO) characteristics of repeat (i.e., with previous arrest and/or conviction) and nonrepeat (i.e., without previous arrest and/or conviction) offenders. Data were gathered from police arrest records, court documents, and published case reports in mainland China, covering a 31‐year period (1988–2018). A sample of 86 male SHOs (31 repeat and 55 nonrepeat offenders) was identified and the offenders' MO characteristics were examined. Compared with nonrepeat offenders, repeat offenders were significantly more likely to commit sexual murder in outdoor locations, approach their victims initially using a non‐surprise approach, engage in nonvaginal penetration of their victims, use a personal weapon to kill their victims, and move their victims' bodies away from the crime scene. However, repeat offenders were less likely to be arrested immediately after committing the murder. The findings have practical implications for police investigative strategies, such as suspect prioritization. [ABSTRACT FROM AUTHOR]

The frequent absence of a documented history of sexual assault/rape in the prior research on serial sexual murderers is curious. In order to address several methodological problems in prior research, a closed-case archival review of a nonrandom national sample of 53 serial sexual homicide cases was conducted which identified 14 offenders with a history of sexual assault/rape for an overall prevalence rate of 26.4%. Of the 14 offenders with a prior known history of sexual assault/rape, 11 (78.6%) sexually penetrated at least one of their homicide victims at the crime scene. Implications for investigation of serial sexual homicide as well as for further understanding of this exceptionally rare crime are presented. [ABSTRACT FROM AUTHOR]

BackgroundProhibiting the purchase and possession of firearms by those at risk of violence is an established approach to preventing firearm violence. Prior studies of legal purchasers have focused on convictions for specific crimes, such as violent misdemeanors and driving under the influence (DUI). We broaden that line of inquiry by investigating and comparing the associations between prior arrests for most categories of crime and subsequent arrest for violent offenses among legal handgun purchasers in California.MethodsIn this longitudinal cohort study of 79,678 legal handgun purchasers in California in 2001, we group arrest charges prior to their first purchases in 2001 according to categories defined by the Uniform Crime Report (UCR) Handbook. We use a gradient boosting machine to identify categories of offenses that are most important for predicting arrest for violent crime following firearm purchase. For each category identified, we then estimate the difference in risk of subsequent arrest for a violent offense using survival regression models.ResultsWe identified eight crime categories with high predictive importance: simple assaults, aggravated assaults, vehicle violations, weapon, other crimes, theft, drug abuse, and DUI. Compared to purchasers with no prior arrests, those with a prior arrest for any one of the eight important categories and no other categories were found to be at increased risk of arrest for a Crime Index-listed violent crime (murder, rape, robbery, aggravated assault), with the greatest estimated risk corresponding to the simple assault UCR category (adjusted hazard ratio 4.0; 95% CI 2.8-5.9). Simple assault was also associated with the greatest risk for subsequent arrest for firearm violence (adjusted hazard ratio 4.6; 95% CI 2.4-9.0) and any violent offense (adjusted hazard ratio 3.7; 95% CI 2.7-5.0).ConclusionThe findings of this study suggest that prior arrests for a broad array of crimes, both violent and non-violent, are associated with risk of subsequent violent crimes, including Crime Index-listed violent crimes and firearm violence, among legal purchasers of firearms. Current policies aimed at restricting access to firearms for individuals at increased risk of violence should be re-examined considering these findings.

Stigmatic attitudes appear to vary across different mental health diagnoses, and offenders with mental illness have been shown to elicit more negative stigmatic attitudes than offenders without mental illness. Stigma and discrimination can have detrimental effects on an individual's recovery, treatment and even employment opportunities. This systematic review aimed to report the commonality of research into stigma towards offenders with mental health conditions, to explore if different mental health diagnoses were associated with differential rates of stigma in offenders, and to ascertain which psychometric measures have been used to capture such stigmatic attitudes. Twelve studies were included in the review with varied populations and study locations. The vast majority reported negative stigmatic attitudes towards offenders with mental illness when compared to control groups, with neither a criminal history nor a mental illness. Results also indicated that the diagnoses with particularly high levels of stigma were psychopathy and schizophrenia. Psychometric measures used to capture stigma varied considerably and rarely was the same measure used across studies which limited comparisons. This review highlights a number of key points for advancing research in the area which are discussed along with strengths and limitations. [ABSTRACT FROM AUTHOR]

Although much literature has examined the racial gap in employment, relatively fewer efforts have been devoted to examining racialized employment outcomes in the context of reentry. The factors associated with the racial gap in post-release employment are largely unknown. Even less is known whether a disadvantage factor exerts disparate effects on minority and White returning citizens. Using longitudinal data documenting returning citizens' social capital, health, neighborhood conditions, parole supervision, and employment outcomes over 15 months after release, this study extends prior studies by testing three competing explanations of the racial gap in post-release employment. Findings suggest that structural disadvantages and criminal history cannot fully explain the lower employment rates of Black returning citizens. Furthermore, this study did not find a significant race-specific effect of social capital on employment outcomes. Implications for reentry programing and interventions are discussed. [ABSTRACT FROM AUTHOR]

Abstract Background Prohibiting the purchase and possession of firearms by those at risk of violence is an established approach to preventing firearm violence. Prior studies of legal purchasers have focused on convictions for specific crimes, such as violent misdemeanors and driving under the influence (DUI). We broaden that line of inquiry by investigating and comparing the associations between prior arrests for most categories of crime and subsequent arrest for violent offenses among legal handgun purchasers in California. Methods In this longitudinal cohort study of 79,678 legal handgun purchasers in California in 2001, we group arrest charges prior to their first purchases in 2001 according to categories defined by the Uniform Crime Report (UCR) Handbook. We use a gradient boosting machine to identify categories of offenses that are most important for predicting arrest for violent crime following firearm purchase. For each category identified, we then estimate the difference in risk of subsequent arrest for a violent offense using survival regression models. Results We identified eight crime categories with high predictive importance: simple assaults, aggravated assaults, vehicle violations, weapon, other crimes, theft, drug abuse, and DUI. Compared to purchasers with no prior arrests, those with a prior arrest for any one of the eight important categories and no other categories were found to be at increased risk of arrest for a Crime Index-listed violent crime (murder, rape, robbery, aggravated assault), with the greatest estimated risk corresponding to the simple assault UCR category (adjusted hazard ratio 4.0; 95% CI 2.8–5.9). Simple assault was also associated with the greatest risk for subsequent arrest for firearm violence (adjusted hazard ratio 4.6; 95% CI 2.4–9.0) and any violent offense (adjusted hazard ratio 3.7; 95% CI 2.7–5.0). Conclusion The findings of this study suggest that prior arrests for a broad array of crimes, both violent and non-violent, are associated with risk of subsequent violent crimes, including Crime Index-listed violent crimes and firearm violence, among legal purchasers of firearms. Current policies aimed at restricting access to firearms for individuals at increased risk of violence should be re-examined considering these findings.

Recent research emphasizes the importance of personalized treatment in forensic psychiatry. However, the heterogeneity of forensic patients regarding psychopathology, offenses and risk and protective factors makes it difficult to provide personalized treatment. To facilitate the treatment indication process, previous research has developed patient profiles with corresponding treatment trajectories to compare individual patients with more homogeneous groups. The current study applied latent class analysis in 399 high-security patients in the two Forensic Psychiatric Centres in Flanders, based on their psychopathology, criminal history and risk and protective factors (Historical Clinical Future - Revised; HKT-R). Five patient profiles were found: the antisocial patient, the psychotic patient with diverse criminal behaviour, the patient with a personality disorder and multiple problems, the psychotic patient with physical violent crimes and the patient with a paraphilic disorder and sexual crimes. Similarities and differences from previous research and the importance to clinical practice and research are discussed. [ABSTRACT FROM AUTHOR]

PRACTICE IMPACT STATEMENT The objective of this study was to investigate relationships between criminal history, cognitive distortions, social climate, motivation to change and therapeutic alliance at an early stage of treatment among people incarcerated for child sexual abuse. To do so, 223 men (M age = 47, range = 19–76 years) who took part in a treatment programme in Quebec, Canada, following perpetration of child sexual abuse were included in the study. Individual factors (number of prior offences; cognitive distortions), social climate, and their association with motivation and therapeutic alliance were examined. Multiple linear regressions revealed that participants with fewer cognitive distortions who perceived social climate more positively were more motivated to change and had a better alliance with their therapist. Participants with higher motivation also established better therapeutic alliances with programme staff. This study provides new knowledge on two major components of successful treatment and highlights the importance of a positive environment in forming therapeutic alliance.Treatment providers should be mindful that the same cognitive distortions that are likely to be treatment targets can also be obstacles to motivation and the development of the therapeutic alliance. In terms of the treatment environment, providing a safe, open, and supportive social climate between inmates and programme staff contributes to higher motivation and better therapeutic alliance. [ABSTRACT FROM AUTHOR]

Experimental studies on the effect of prior conviction evidence (PCE) on judgments of guilt are conflicting, ranging from an increase of guilt to a decrease of guilt, depending on certain boundary conditions. The overall effect of PCE seems to be small and likely depends on moderators. Due to small samples or because of lack of experimental manipulations, these moderators could not yet be meta-analyzed. This literature review follows up on these moderators with the aim to provide a clearer understanding under which circumstances PCE could harm or benefit the defendant, or when prior convictions of the defendant are completely irrelevant. Existing literature on PCE was reviewed to identify potential moderators and to provide directions for future research. Identified moderators were categorized into PCE characteristics (similarity and seriousness of PCE, PCE quantity, admissibility, and limiting instructions), case characteristics (ambiguity, seriousness of current offense), and methodological moderators (salience, control condition and manipulation checks, sample, individual vs. group decisions, richness of stimulus materials). PCE effects seem to depend on various factors that greatly narrow the influence of PCE. Therefore, an integrative perspective is proposed for future studies that take legal decision-making theories and information processing theories into account. [ABSTRACT FROM AUTHOR]

Objective: Not all exonerees are perceived equally. Attitudes toward exonerees are negatively impacted by social characteristics, such as race and criminal history; providing significant challenges for exonerees attempting to reintegrate into the community. The present study examined whether exoneree race, gender and criminal history influenced ratings of desired social distance. Method: A community sample of 1043 females and males completed an online survey. Participants were asked to read a vignette of a mock news article that described a wrongful conviction, then complete a desired social distance scale. Exoneree gender, race and criminal history were manipulated in the news article, with a minimum of 120 participants randomised to eight vignette conditions. Results: Exoneree race and the presence of a prior criminal history had significant main effects on participant attitudes regarding desired social distance. There were no interactions between exoneree gender, race and priors, but differences did emerge suggesting differential views of desired social distance for females and older participants when the exoneree had a prior offence. Conclusion: Social characteristics, demographics and individual differences may be particularly important in forming community attitudes toward wrongful conviction. This holds important implications for exoneree reintegration and community attitudes toward the Australian criminal justice system. [ABSTRACT FROM AUTHOR]

Scholars have presented concerns about potential for racial bias in risk assessments as a result of the inclusion of static factors, such as criminal history in risk assessments. The purpose of this study was to examine the extent to which static factors add incremental validity to the dynamic factors in criminogenic risk assessments. This study examined the Youth Level of Service/Case Management Inventory (YLS/CMI) in a sample of 1,270 youth offenders from a medium-sized Midwestern county between June 2004 and November 2013. Logistic regression was used to determine the predictive validity of the YLS/CMI and the individual contribution of static and dynamic domains of the assessment. Results indicated that the static domain differentially predicted recidivism for Black and White youth. In particular, the static domain was a significant predictor of recidivism for White youth, but this was not the case for Black youth. The dynamic domain significantly predicted recidivism for both Black and White offenders, and static risk factors improved prediction of recidivism for White youth, but not for Black youth. [ABSTRACT FROM AUTHOR]

Research on the effect of arrests or convictions on college admissions decisions, while limited, suggests that college admission is a major hurdle for applicants with criminal histories. The purpose of this study was to examine admission application policies and practices at undergraduate social work programs in the South for justice-involved individuals or persons with criminal backgrounds. The qualitative study design recruited program directors through professional relationships for interviews and selected programs in urban cities in the South using the Council on Social Work Education's Accredited Program Directory. The surveys consisted of three questions and the interviews consisted of eleven semi-structured questions focusing on the policies and practices associated with the application process. Study results reveal that slightly more than one half of all programs asked questions about criminal backgrounds, firm policies are not in place, and practices vary from institution to institution. [ABSTRACT FROM AUTHOR]

This study investigates the impact on recidivism of offenders’ misconduct in prison, net of offenders’ socio-economic and criminal backgrounds, longer imprisonments, and of other, unobserved factors explaining selection into prison. The data come from representative samples of offenders (N = 4524) and prisoners (N = 1848) convicted of at least one crime in Catalonia, Spain, during a 5-year period (2010–2015). We applied a system of four simultaneous equations to estimate which factors increase the most the risks of reoffending, focusing on the role of prison misconduct, and using better methods than previously to correct for selectivity into prison. We also identify the characteristics of the offenders most likely to misbehave and reoffend – chronic offenders with complex criminal histories. Our results confirm that misconduct significantly predicts reoffending. It is not just a reflection of offender’s problematic dispositions imported into prison, but also a sign of maladjustment to imprisonment that undermines its possibly deterrent or capacitating effects. [ABSTRACT FROM AUTHOR]

Although it is well established that individuals with psychopathic traits are a high-risk group for criminal recidivism, there is considerable evidence that psychopathy is a heterogeneous personality disorder comprised of two subtypes who differ on levels of negative affect (NA). However, few studies have examined differences in criminal histories, and fewer still have investigated differences in recidivism among subtypes of psychopathy. The current study compared criminal histories and recidivism rates between psychopathy subtypes differing in NA (high-NA vs. low-NA) within a sample of adult males incarcerated in state prisons. The high-NA and low-NA psychopathy subtypes did not differ on histories of total, nonviolent, or violent crime, and did not differ on rates of total, nonviolent, or violent recidivism. This finding highlights equally high levels of criminal risk associated with both subtypes of psychopathic individuals. Intervention strategies should be prioritized for both subgroups to effectively reduce the criminal costs associated with psychopathy. [ABSTRACT FROM AUTHOR]

An offender's criminal record is nearly always discussed during sentencing. The incorporation of the criminal history of offenders by judges into sentencing decisions surprisingly remains an empirically understudied topic, especially from the comparative perspective. This study used two datasets derived from the sentencing decisions of judges from England/Wales and Hong Kong, respectively. The study demonstrates that the recidivist sentencing premium model is the better explanation for England/Wales as the number of previous criminal convictions is associated with the likelihood of a more severe sentence. Whereas the progressive loss of mitigation model (PLM) is the better explanation with respect to the decision to impose a custodial sentence and the flat-rate sentencing model is the better explanation for sentence length in Hong Kong. This study demonstrates the complexity of sentencing decisions with respect to criminal history and its differences across legal jurisdictions. • An offender's criminal record is nearly always discussed during sentencing. • Sentencing theories are tested using data from England/Wales and Hong Kong. • In England, the number of criminal convictions leads to more severe sentences. • In Hong Kong, criminal history does not play a significant role in sentence length. [ABSTRACT FROM AUTHOR]

Scholars estimate that 90–95% of guilty pleas are the result of plea bargaining and there is a growing body of empirical research on plea bargain decision‐making. We use a new experimental paradigm that mimics prosecutors' actual decision‐making processes to examine factors that influence plea bargaining decisions. Participants received a casefile detailing a theft from an electronics store. This casefile—fabricated to reflect one a prosecutor would actually receive—included a police report, witness statements, and a criminal history report. In these materials, we manipulated the defendant's motive, the severity of the crime, and the defendant's criminal history and measured the impact of these factors on participants' decisions to offer a plea and the severity of the plea offers—operationalized as sentence offer length. The results indicated that the vast majority of the participants initially decided to offer a plea. The severity of the crime (operationalized as value of the theft) and defendant's criminal history impacted plea decisions, such that higher severity and a criminal history of theft increased the length of the sentence offer. Contrary to our hypothesis, the defendant's motive had no effect on plea offers. These results parallel current sentencing practices codified in law. Policy implications are discussed. [ABSTRACT FROM AUTHOR]

Obtaining job relevant skills while incarcerated is an important component to overcoming the stigma of a criminal history when seeking employment. Using a focus group research design, we explored occupational roles and feelings of preparedness among men and women housed in work release facilities. We found: 1) women perceived their training to be of less value as compared to their male counterparts, 2) women and men perceived differences related to their receipt of employment assistance, 3) women and men differed in explanations of prior work experience, and 4) perceptual differences appeared to be affected by the frequency of incarceration.

Though hesitations to hire formerly incarcerated individuals are often related to assumptions about a person's dangerousness, there remain legitimate reasons, such as limited formal education and basic skills, that prevent returning residents from finding work. Previous research suggests that hiring decisions are confounded by offense type, even if an employer would otherwise consider a person with a criminal history. Thus, it is unclear whether returning residents' level of education or training can mitigate barriers related to their offense history. Using hypothetical case vignettes of a formerly incarcerated job applicant, this study examined whether hiring decisions were influenced by education and offense type. A between-subjects design with a sample of 223 individuals recruited via MTurk was conducted. Results of this study were largely consistent with prior research suggesting that criminal history presents an obstacle when trying to obtain employment. Implications and future directions are provided in the discussion., Competing Interests: Declaration of Conflicting InterestsThe author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Prior criminal record is routinely cited as one of the primary determinants of sentencing, and the common view is that prior record was a leading factor in non-guidelines jurisdictions going back decades. Yet, recent findings from a non-guidelines state failed to conform to this account. This study uses interviews with judges from a non-guidelines state to understand the role of prior record in sentencing in an unstructured sentencing state. This study also reexamines some of the early sentencing guidelines formation literature and finds some indications that pre-guidelines, prior record was not universally an instrumental predictor of sentence length. [ABSTRACT FROM AUTHOR]

Social work has long-standing, well-recognized problems of recruitment and retention in England and many other jurisdictions. Policymakers and employers are exploring if there are untapped sources of potential employees. We conducted a scoping review in 2018 to explore current practices and the potential to employ people with criminal records in the social work profession in England. Eighteen studies were located and two themes were identified within these: 1) the potential for people with criminal records to gain qualifications in social work and 2) the potential for people with criminal records to gain employment within social work. More research is needed to establish evidence about current responses to applications from people with criminal records seeking to access training and employment. More evidence is also needed about current practices in decision-making by all parties, together with exploration of people with criminal records' experiences of gaining qualifications in social work and then seeking employment, changing employers and pursuing career progression. [ABSTRACT FROM AUTHOR]

This cross-sectional retrospective study on a convenience sample of 973 Greek undergraduate students examined whether the violent socialization in childhood and the criminal history in adolescence would be mediators between parents' harsh discipline and young adults' violent attitudes and behaviors (VA/B). Structural Equation Modelling indicated that both the mothers' and fathers' punitive discipline at age 10 have an indirect impact, through the mediators, on young adults' VA/B. A direct effect was also found from mothers' and fathers' punitive discipline to violence approval and from fathers' punitive discipline to antisocial personality symptoms, and corporal punishment law attitude. The findings suggest that early experiences of harsh discipline may increase the risk of adult's violence and call for multilevel prevention and intervention programs targeting both parents and children. [ABSTRACT FROM AUTHOR]

This study examines the relationship between criminal history and adverse childhood experiences (ACEs) and how they collectively predict (a) recidivism and (b) positive social functioning among multi-problem young adults. Criminal records and self-report data regarding ACEs and adult education/employment and quality of life (QoL) were collected for 692 multiproblem young adults (18–27 years). Results indicated that an extensive criminal history was related to non-violent and violent recidivism and lack of involvement in education/employment in young adulthood. On the contrary, a higher number of ACEs was related to lower QoL later in life, while this was not associated with recidivism or education/employment. These findings highlight again that past criminal behavior is a strong predictor of future criminality, particularly within this group of young adults with multiple problems. Furthermore, experiencing negative events in childhood shows to have long-term negative effects on QoL even for these individuals who already experience multiple life problems. Implications are discussed. [ABSTRACT FROM AUTHOR]

Black youth and girls are at an increased risk of formal involvement in the juvenile justice system. These differential experiences have the potential to harm the validity of the criminal history measures on juvenile risk assessments. The present study examines the incremental validity of the criminal history items on the Ohio Youth Assessment System-Disposition Tool in a sample of 3,591 youth across gender and race. Results indicated that the criminal history items significantly contributed to the predictive validity of the tool for White boys, but this was not the case for Black boys, Black girls, or White girls. Future risk assessments should consider modifying or omitting these items, as they neither predict recidivism nor inform treatment for various youth. [ABSTRACT FROM AUTHOR]

Social care policy-making seeks to address longstanding staff recruitment and retention problems but also to protect vulnerable clients from harm. Internationally many states have policies requiring disclosure of conviction histories by applicants seeking work with vulnerable populations. Policies also seek to encourage rehabilitation of people with offending histories, particularly in countries with high employment. This article presents and discusses the policy implications of a scoping review conducted in 2019 to explore evidence of current practice in employing people with criminal records as care workers in social care and the potential to recruit new staff from this group. The literature contains limited evidence about the effectiveness of policies inhibiting or facilitating social care work by people with criminal records. Further research should clarify policy contradictions, identify barriers and facilitators in different parts of the care sector to employment and protection, while holistic evaluation of initiatives in this area is needed. [ABSTRACT FROM AUTHOR]

Past criminal and financial transgressions, even when of questionable job relevance, can harm job‐seekers' prospects. In three hiring simulation experiments, manipulations of situational factors hypothesized to alter decision focus moderate the effect of background report information on applicant evaluations. In Study 1, emphasizing in‐role performance as a hiring goal decreases the weight placed on transgressions relative to standard qualifications. Study 2 demonstrates this context effect with a different design and experienced hiring professionals, and finds that delaying background checks heightens a transgression's impact. In Study 3, presenting novel positive information in conjunction with a criminal offense mitigates the delay effect. By adopting a behavioral decision perspective, this research illuminates how situational factors shape the impact of a widespread form of stigma. [ABSTRACT FROM AUTHOR]

This study examined supervisory strategies for employees with criminal history from the perspective of supervisors with experience in overseeing formerly incarcerated employees. The primary goal of the study was to determine strategies used by supervisors that can be integrated into management training and disseminated to employers interested in hiring individuals with criminal history. For that purpose, 10 semistructured interviews were conducted with supervisors at Pioneer Human Services (Washington State, USA), a large nonprofit social enterprise that operates businesses employing justice involved individuals and reinvesting revenues into services that support this population. The purposive sample of supervisors consisted of individuals considered to be skilled in supervising employees with criminal history. Data were analyzed using a priori and inductive codes. Two supervisory strategies emerged from the interviews: supervisors should demonstrate cultural competence in their interactions with formerly incarcerated employees, and be knowledgeable about community resources to connect employees to resources. [ABSTRACT FROM AUTHOR]

In an effort to extend understanding of the employment concerns faced by former prisoners released into the community, we draw from the voices of 24 individuals released from federal prison in Canada. We explore how the stigma imposed on individuals with prior experiences of incarceration interacts with the employment programming government and community-based agencies offer; particularly within the current climate of precarious employment. Findings evidence that participants, too often, attain employment involving manual labour and report experiencing low-wage and non-gratifying jobs, despite participation in pre-employment programming, which drives their re-evaluation and re-creation of career aspirations. We show how the conditions underpinning the movement toward employment for former prisoners can encourage the potential exploitation of their labour within both formal and informal job markets. [ABSTRACT FROM AUTHOR]

Racial and ethnic sentencing disparities are frequently conditioned by offender and case characteristics (e.g., gender, crime type). Offenders' criminal history is a potentially important conditioning factor, yet this issue has only been addressed by a small body of research. Moreover, no study has examined this potential conditioning effect among Asian or Native American offenders, and prior research has typically adopted a limited theoretical approach for explaining why criminal history might condition racial disparities. The present study addresses these shortcomings in an analysis of United States Sentencing Commission data for fiscal years 2010-2012. Results indicate that race and ethnicity effects are conditioned by criminal history in important ways. Implications for theory, research, and practice are discussed. [ABSTRACT FROM AUTHOR]

Prior sentencing research indicates that defendants with more extensive criminal histories receive more punitive dispositions and that criminal history influences sentencing decisions over and above its influence on the guideline recommended sentence. To date, these additional effects of criminal history have almost exclusively been treated as linear effects. However, there are plausible reasons to expect that criminal history could have curvilinear effects on sentencing outcomes that taper off at higher scores. The purpose of this paper is to explore the potential curvilinear effects of defendant criminal history on incarceration, sentence length, and downward departure decisions in federal criminal courts. The findings suggest that criminal history has curvilinear effects on each of these sentencing outcomes. As criminal history category increases, defendants receive more severe sentences, net of other factors, but only up to a certain threshold level, at which point criminal history effects taper off and even reverse. [ABSTRACT FROM AUTHOR]