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Public Opinion on the Harshness of Local Courts: An Experimental Test of Question Wording Effects

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Abstract

Drawing on framing theory, the present study tests the impact of question wording on people’s reported opinions about the harshness of their local courts. A randomized experimental design tested two salient variations against the standard wording used in the National Opinion Research Center’s General Social Survey (GSS). The results indicated statistically significant differences, with fewer respondents expressing a desire for greater harshness with the alternative forms than the standard question form. Four of the five correlates that the authors examined also showed differential relationships with punitiveness among the question forms. These findings suggest that scholars should carefully consider the meaning of people’s responses when interpreting the GSS question as an indicator of public punitiveness.

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... Respondents were then given the space to explain their answers. It is possible that the specific questions used in this survey informed the responses from participants (Applegate & Sanborn, 2011). Yet, arguably, this approach yields a necessary baseline understanding regarding public attitudes for an under-explored topic. ...
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... Framing theory has been used to understand the effects of media and elite rhetoric on a broad range of social and political attitudes (Busby et al. 2018;Gamson and Modigiliani 1989;Nelson et al. 1997). In criminology, framing theory has been utilized to examine news stories' emphasis on racial or ethnic elements of crimes (Park et al. 2012), public narratives about homicide (Peelo 2006), evaluations of courts (Applegate and Sanborn 2011), and public punitiveness (Ramirez 2013;Simmons 2017). ...
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... Finally, I included a methodological control for survey design effects. Question wording, the format of response options, and other design choices cause differences in respondents' answers; these design effects have been demonstrated by both survey methodologists (Rugg, 1941;Schaeffer & Presser, 2003;Schuman & Presser, 1981;Tourangeau, Couper, & Conrad, 2004) and penologists specifically studying public opinion about criminal justice (Applegate & Sanborn, 2011;Harris, 1986;Jones, 1994;Pickett & Baker, 2014;Rasinski, 1989). In this survey, I addressed primacy effects, the tendency of respondents to choose the first satisfactory answer they encounter while reading a list of options whether or not that is the best/most accurate answer in the entire list. ...
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... average length of sentence or number of inmates on death row) would have any effect. Finally, given the recent work of Applegate and Sanborn (2011) we must consider the possibility that we may be over-estimating the level of public punitiveness by using the GSS's COURTS question, as its wording is so that it promotes a greater number of respondents to express a desire for more punitive courts. ...
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... It bears mention that sample size was not a problem. The sample was larger than that in many public opinion studies (see e.g., Applegate & Sanborn, 2011;Gabbidon & Boisvert, 2012) and, more relevant, had power sufficient to detect even minor substantive differences in the various outcomes. Here, for example, power is over 95 percent across the different outcomes for detecting differences of more than 0.20 (on the 4-point scale). ...
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This paper explores the relationship between liberalism, victimization experience (both direct and vicarious), fear of victimization, and attitudes towards purposes of incarceration. The study makes use of a national public opinion poll conducted for ABC News in 1982. The major findings are that both fear and liberalism contribute to punitiveness but, more importantly, individual demographic characteristics are ambiguously related to punitiveness. It appears that demographic characteristics are related to punitiveness through a complex of other attitudinal associations—in this instance, fear and liberalism. Neither direct nor vicarious victimization had a direct effect on punishment attitudes. To the extent that victimization experience affects punitiveness, the effects are indirect through fear.
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Although research typically has failed to establish a relationship between religious affiliation and correctional attitudes, recent assessments have revealed that fundamentalist Christians tend to be more punitive than are nonfundamentalists. These studies have advanced our understanding considerably, but their conceptualization of religion and correctional attitudes has been limited. Using a statewide survey, the present study demonstrates that compassionate as well as fundamentalist aspects of religious beliefs are related to public correctional preferences. Further, our results reveal that religion influences support for rehabilitation as well as punitiveness. These findings suggest the need for scholars to think more broadly about the role of religion in criminology.
Article
The sustained movement to “get tough” on crime, especially through mass imprisonment, has prompted several prominent efforts to explain the public's harshness toward crime. From the extant literature, we demarcate the following three competing theories of public punitiveness: the escalating crime-distrust model, the moral decline model, and the racial animus model. Controlling for other known predictors of crime-related opinions, we test the explanatory power of these perspectives to account for support for the death penalty and for a punitive crime-control approach. Our analysis of a national sample of respondents surveyed in the 2000 National Election Study reveals partial support for each model. Racial animus, however, seems to exert the most consistent effect on public sentiments. This finding suggests that racial resentments are inextricably entwined in public punitiveness and thus should be incorporated into any complete theory of this phenomenon.
Article
This paper aims to review randomized experiments in criminology with offending outcomes and reasonably large numbers that were published between 1982 and 2004. A total of 83 experiments are summarized, compared with only 35 published between 1957 and 1981: 12 on policing, 13 on prevention, 14 on corrections, 22 on courts, and 22 on community interventions. Randomized experiments are still relatively uncommon, but there have been more large-scale multi-site experiments and replication programs. There have also been several experiments in which 100 or more places were randomly assigned. Relatively few experiments (only 10 out of 83) were conducted outside the United States. Meta-analyses suggest that prevention methods, correctional therapy, batterer programs, drug courts, juvenile restitution and deterrent policing were effective in reducing offending, while Scared Straight and boot camp programs caused a significant increase in offending.
Article
While juvenile justice policy in the United States has become more punitive in recent years, it remains unclear whether the public actually favors this response in lieu of more rehabilitation-oriented services. Public opinion polling generally shows that the public favors less punitive responses than policymakers often suppose, but significant questions remain about the accuracy of these perceptions generally, and in how they have been assessed in particular. Data from four states (Illinois, Louisiana, Pennsylvania, and Washington) aimed at assessing public preferences for rehabilitation and incarceration as a response to serious juvenile crime indicated that, for the most part, the public was willing to pay more in taxes for rehabilitation than incarceration.
Article
The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s. Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.
Article
Prospect theory postulates that decisions are influenced not only by probability and value of possible outcomes, but also by the manner in which these probabilities are presented. Variations in the presentation of the same information, in several areas of care, are considered to determine their influence upon health decisions of both doctors and patients. Three health-related predicaments involving varying levels of risk are presented either in a positive or a negative frame and were given to 74 medical students who stated whether they would advise a patient or be prepared themselves to undergo one of three medical procedures. The influence of framing upon these decisions was evident both when subjects responded as patients and as doctors, but its influence was bounded by the level of risk and the type of health decision. These findings raise questions concerning how probabilistic information should be presented to both patients and doctors to counteract the effect of framing upon their decisions.
Article
Differences between men and women in their proximity to crime, moral development, and attitudes toward an array of social issues suggest that a gender gap in crime views may exist. Investigations of this possibility, however, are in short supply. Using a statewide data set and a variety of global and specific questions about crime policy, punishment, and rehabilitation, this study found that men and women tend to hold moderately divergent views. Women tend to express greater support for offender treatment and less support for punishment than men. Implications of these results for the future of correctional and crime policy are discussed.