2004
Special Legislative Report III: Attitudes About Issues Related to Law Enforcement,
Sentencing/Supervision of Offenders, and Victims of Crime
Dennis R. Longmire, Ph.D.
Professor and Director
Survey Research Program
Robert G. Morris, M.A.
Doctoral Fellow
Survey Research Program
(936) 294-1651
e-mail: Longmire@shsu.edu
Recommended
citation:
Longmire, Dennis R. & Robert G. Morris (2004). Attitudes About Issues Related to Law
Enforcement, Sentencing/Supervision of Offenders, and Victims of Crime: 2004
http://www.cjcenter.org/cjcenter/research/srp/cparchive/2004/2004SLRgen.html
Introduction
This Special Legislative Report was prepared as a resource document
intended to assist legislative policy makers during the 79th Texas
State Legislative Session. It is one of
three special reports that examine citizens’ attitudes about questions based on
several bills that were left pending after the close of the 78th
Texas State Legislative Session. Each of
the three special reports include a more detailed breakdown of attitudes about
specific legislative initiatives that were raised during the 78th
Texas State Legislative Session showing how citizens in general feel about the
proposed legislation as well as how different sub-groups of the population feel
(responses broken down by race/ethnic group and respondents’ community
size). These special reports complement
the General Report that provides information about the simple frequency
distribution of responses to items focusing on these issues. Furthermore, items focusing on citizens’
confidence in different components of the criminal justice system and
victimization experiences included in the survey instrument to allow a
comparison of how Texans’ attitudes about these issues has changed over
time.
Links to all reports are located
at the Survey Research Program’s general home-page (www.cjcenter.org/polls.html) and include:
·
2004 Texas Crime Poll Special Legislative Survey: General Report (http://www.cjcenter.org/cjcenter/research/srp/cparchive/2004/2004SLSreport.pdf);
·
2004 Texas Crime Poll Special Legislative Report I: Citizens’ Attitudes
About the Regulation and Certification of Forensic Crime Labs (http://www.cjcenter.org/cjcenter/research/srp/cparchive/2004/2004SLRfs.pdf);
·
2004
(http://www.cjcenter.org/cjcenter/research/srp/cparchive/2004/2004SLRdp.pdf);
and
·
2004
(www.shsu.edu/cjcenter/college/sprdex/2004SLRgen.pdf)
A general discussion of the
survey’s methodology and a description of the respondents to the special
legislative survey are followed by frequency distributions and sub-group
frequencies of responses to questions included in the survey focusing on:
- Issues
Related to the Police and Investigation of Crimes
- Certification
requirements for constables
- Requirement
that police inform foreign nationals of right to seek assistance from
their foreign counsel upon arrest
- Inclusion
of special law enforcement training concerning rights of foreign
nationals
- Issues
Related to Sentencing and Supervision of Offenders
- Revision
of state law expanding definition of “legal insanity” to include an
assessment of a defendant’s “capacity to conform to the law” in the
determination of “legal sanity”
- Restrictions
on the ability for registered sex-offenders to reside in the same areas
as other registered sex-offenders
- Issues
Related to Crime Victims
- Restrictions
on the use of funds collected for victim assistance programs
- Restrictions
on the confidentiality of victim impact statements
This survey represents the 36th statewide public opinion survey completed under the
auspices of
1) establish degree programs for individuals seeking careers in
criminal
justice;
2) provide continuing education programs for professionals
already
employed
in the field of criminal justice;
3) conduct research on the problems of crime and the
administration of
justice;
and
4) provide technical assistance to criminal justice agencies.
The 2004 Texas Crime Poll Special Legislative Survey and all activities
conducted under the auspices of the Criminal Justice Center’s Survey Research
Program help to fulfill the third of these objectives by reporting information
on public opinions regarding criminal justice and related issues. The first Texas Crime Poll was completed in 1977,
and surveys have been repeated annually since that date with multiple surveys
completed in several of these years. Copies of the Final Reports for each of
these surveys are available for review at the Center’s web-site located at http://www.cjcenter.org/cjcenter/research/srp/txpi.php. The general purpose of these surveys
is to provide legislators, public officials, and
Ad hoc arrangements
can be made for further analysis, interpretation of findings, and/or testimony
before relevant legislative committees as a “Resource Witness.” Please contact
Dr. Dennis R. Longmire at the Survey Research Program for further assistance.
SECTION 1: The 2004
Special Legislative Survey and Characteristics of the Sample
The 2004 Texas Crime Poll Special Legislative Survey involved a statewide postal survey designed and completed by the Criminal Justice Center’s Survey Research Program at Sam Houston State University. In October of 2004, surveys were sent via mail to 2463 households and 562 were returned completed. The overall response rate was 22.9%.
Unlike previous Texas Crime Poll surveys, of which returns
have generally been underrepresented by ethnic minorities, the 2004 survey
attempted to increase the representation of ethnic minorities by escalating the
number of surveys sent to ethnic minority Texans. To do this, the survey mailing list was
divided into three equally sized groups. The first group included a general
sample of
The data presented in Table 1 show the age, ethnicity/race, and gender of the participants in the 2004 survey. The size of this year’s sample size allows general frequencies reported to fall within a margin of error of (+/-) 3.6%. Caution should be exercised when interpreting the results of this survey because the sample under-represents those in lower socio-economic brackets and women. The sample also over-represents older Texans and those with higher levels of education.
Table 1: Age,
Race, and Gender of Respondents (2000)
% of Total (N = 551)
|
Age 18 - 29 30 - 44
45 - 61 Over 61 Refused |
4% (22) 21% (117) 40% (222) 32% (174) 3% (16) |
|
Ethnicity White Black/or African American Hispanic Other Refused/Don’t Know |
57% (309) 12% (67) 25% (135) 6% (30) 2% (10) |
|
Gender Male Female Refused |
59% (324) 40% (218) 1% (9) |
Table 2: Education
Level, Time Spent on a Computer, Source for News, and Political Party of
Respondents (2004)
% of Total (N = 551)
|
Education Level Less than High School High School Graduate Some College, business or
trade school work College Graduate Graduate Work Refused/Don’t Know |
11% (59) 20% (109) 35% (193) 20% (110) 12% (69) 2% (11) |
|
Time Spent on a Computer/Online None Low Moderate Frequent Refused/Don’t Know |
17% (97) 18% (99) 23% (125) 38% (208) 4%(22) |
|
Source for News about Crime Television Newspapers Co-workers Friends Neighbors Other Refused/ Don’t Know |
64% (355) 26% (143) 1% (6) 0.5% (3) 0.5% (3) 6% (33) 2% (8) |
|
Political Party Representation Republican Democrat Independent Other Refused/ Don’t Know |
38% (209) 39% (215) 10% (55) 3% (17) 10% (55) |
Table 3: Community Size, Religious Preference, and Annual Household
Income of Respondents (2004)
% of Total (N = 551)
|
Size of Respondent Community Rural Suburb Urban Refused/Don’t Know |
12% (65) 15% (83) 23% (129) 24% (134) 21% (114) 5% (26) |
|
Religious Preference Protestant Catholic Jewish Other Refused/ Don’t Know |
49% (267) 29% (159) 1% (9) 17% (92) 4% (24) |
|
Annual Household Income Less than $15,000 Between $15,001 and
$30,000 Between $30,001 and
$60,000 Over $60,000 Refused/ Don’t Know |
14% (76) 20% (109) 27% (147) 29% (162) 10% (57) |
The following tables and figures show the simple frequency distributions of responses to the questions included in the survey that are salient to this particular special report. Additional information about the specific bill used to construct each question including the bill’s author, number, and final status during the 78th Legislative Session are also included.
SECTION 3: Issues
Related to the Police and Investigation of Crime
Constable
or Sheriff Candidate Peace Officer Certification Requirement
Survey Item: At this time, qualifications for employment
as a constable or sheriff require that candidates be “eligible to be licensed
as a peace officer.” How strongly would you favor legislation that would
require that candidates for these positions be required to “hold a permanent
peace officer certification?” (Ellis, HB287, Left Pending)
Race
Community Size
Requirement for Law
Enforcement to Inform Detained Foreign Nationals of Their Right to Speak to a
Member of Their Foreign Counsel Before being Questioned
Survey Item: How strongly do you support or oppose a law
requiring magistrates or law
enforcement
officials to notify a person placed under arrest that, if they are foreign
nationals (not
Race
Community Size
Law Enforcement Training for the Rights of Foreign Nationals
Survey
Item: Do you think the rights of foreign nationals
should be included
in
statewide training for law enforcement officials?(Alonzo,
HB1263, Referred)
Race
Community Size
SECTION 4: Issues
Related to the Sentencing and Supervision of Offenders
Next, respondents were
asked what they think about different sentencing options available to use in
criminal cases and how offenders who are being supervised in the community
should be managed.
Legal
Insanity Issue
Survey Item: Under
current law, a person is considered to be legally insane if it is determined that, as a result of a
serious mental illness, he or she does not understand that an act is
wrong. How strongly would you support or
oppose legislation that also allowed people to be considered legally insane if,
as a result of a serious mental illness they lacked the substantial capacity to conform to the requirements of the
law? (Phillips, HB2374, Referred)
Race
Community
Size
Sex Offender Residence
Issue
Survey Item: What do you think about creating a law
prohibiting sex offenders from
residing in the same
dwelling, apartment complex, or mobile home park as another sex-offender unless
a judge expressly authorizes such a living arrangement? (Farrar, Noriega,
Race
Community Size
SECTION 5: Issues Related to Crime
Victims
Next, respondents were asked about their thoughts concerning legislation focusing on victims of crimes and the use of monies in the “victims crime fund.”
Victims of Crime
Funding Issue
Survey
Item: At this time, the legislature can
appropriate excess funds set aside to be
used to assist victims of
crime to state agencies that deliver or fund victim-related services with no
restriction on how these funds are actually used by those agencies. How
strongly would you favor or oppose legislation requiring that these funds be used only for the support of victim-related
services and assistance? (Williams, SB1537, Referred)
Race
Community Size
Victim Impact Statements
Survey Item: At this time, victim impact statements (statements made by
victims to
sentencing officials concerning the effect a crime has had
on them and/or their family members) may not be released to anyone unless the
defendant authorizes it. How strongly would you favor or oppose legislation
making these statements confidential unless they include material that may
support a defendant’s innocence?
(Whitmire, SB882, Referred)
Race
Community Size
